2010/483/EU: Decision of the European Central Bank of 27 July 2010 amending Decision ECB/2007/5 laying down the Rules on Procurement (ECB/2010/8)

9.9.2010 EN Official Journal of the European Union L 238/14
DECISION OF THE EUROPEAN CENTRAL BANK
of 27 July 2010
amending Decision ECB/2007/5 laying down the Rules on Procurement
(ECB/2010/8)
(2010/483/EU)
THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK
,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 thereof,
Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (1), and in particular Article 19 thereof,
Whereas:
(1) The thresholds for public tender procedures laid down in 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 (2) have been changed by Commission Regulation (EC) No 1177/2009 of 30 November 2009 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts (3). The European Central Bank (ECB), although not subject to Directive 2004/18/EC, intends to apply the same thresholds for its public tender procedures.
(2) Research and development contracts in the field of banknote security require special security measures and can therefore not be put out to tender. It should be clarified that such contracts fall under the exception laid down in Article 6(1)(c) of Decision ECB/2007/5 (4).
(3) Following a recent judgment of the Court of Justice of the European Union (5), it is necessary to clarify that the exemptions for cooperation agreements between the ECB and national central banks (NCBs) and cooperation agreements between the ECB and other Union institutions and bodies, international organisations or government agencies not only cover cooperation in the fulfilment of public tasks, but also auxiliary services for the fulfilment of public tasks.
(4) Following recent judgments of the Court of Justice of the European Union (6), the time limit for raising objections to the ECB’s requirements needs to be refined further.
(5) For reasons of transparency, and without prejudice to Decision ECB/2004/3 of 4 March 2004 on public access to European Central Bank documents (7), unsuccessful candidates and tenderers should be entitled to receive copies of all internal documents relating to the evaluation of their application or tender and, under certain conditions, copies of documents relating to the evaluation of the successful tender.
(6) It is necessary to clarify that in exceptional, duly justified cases, extensions of a contract may exceed the initial term of a contract.
(7) Decision ECB/2007/5 should therefore be amended accordingly,