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q4-105
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32002R1605: Q4-105

Directives and Community procurement

EU Law Community DK Law EU Cases DK Cases

EU Law

32002R1605 - Community (4th generation) - Council Q4Article 105
Subject to Title IV of part two of this Regulation, the Directives of the European Parliament and of the Council on the coordination of procedures for the award of public supply, service and works contracts shall lay down the thresholds which determine:
    (a) the publication arrangements referred to in Article 90;
    (b) the choice of procedures referred to in Article 91;
    (c) the corresponding time limits.
32006R1995 - Community (4th generation) - Council Q4A1Article 1.58=Q4-105.1
1. Subject to Title IV of Part Two of this Regulation, Directive 2004/18/EC lays down the thresholds which determine:
    (a) the publication arrangements referred to in Article 90;
    (b) the choice of procedures referred to in Article 91(1);
    (c) the corresponding time limits.
31977Q1231 - Community (3rd Generation) - Council Q3Article 58
When concluding contracts referred to in this Financial Regulation, each Institution shall comply with the measures taken in respect of public works by the Council in implementation of the Treaty establishing the European Economic Community.
31990R0610 - Community (3rd Generation) - Council Q3A5Article 1.73=Q3-64
Without prejudice to the provisions laid down in this Regulation, when concluding contracts referred to in this Regulation, each institution shall comply with the Directives on public works and supplies adopted by the Council in implementation of the Treaty establishing the European Economic Community, whenever the amounts involved are equal to or greater than the amounts provided for in those Directives.
    The implementing rules provided for in Article 126 shall include the supplementary provisions which may be required in order to implement this Article.
31995R2333 - Community (3rd Generation) - Council Q3A7Article 1.23=Q3-56
When concluding contracts for which the amount involved is equal to or greater than the threshold provided for by the Council directives on the coordination of procedures for the award of public works, supplies and services contracts, each institution shall comply with the same obligations as are imposed upon bodies in the Member States by those directives.
    The implementing measures provided for in Article 139 shall include appropriate provisions to that end.
31993R3418 - Implementation of Community (3rd generation) - Commission M32Article 126
The Council directives on public works, supplies and services shall be applicable to the award of contracts by the institutions whenever the amounts involved are equal to or greater than the amounts provided for in those directives.
31993R3418 - Implementation of Community (3rd generation) - Commission M32Article 127
The terms 'works contracts', 'supply contracts' and 'service contracts' shall be construed in accordance with the definitions laid down in the directives referred to in Article 126.
31993R3418 - Implementation of Community (3rd generation) - Commission M32Article 128
Where the contracts are financed from appropriations entered in their own section of the budget, the institutions of the Community shall be regarded as the 'contracting authorities' within the meaning of the directives referred to in Article 126.
31993R3418 - Implementation of Community (3rd generation) - Commission M32Article 129
When awarding works, supply and service contracts, the institutions shall comply with the provisions of the Council directives, in particular as concerns:
- advertising rules,
- common rules on technical specifications,
- common rules on participation,
- criteria for qualitative selection,
- criteria for the award of contracts.

Community External Action

32002R1605 - Community (4th generation) - Council Q4Article 162
1. Parts one and three shall apply to external actions financed from the budget, save as otherwise provided in this Title. 2.
    The appropriations for the actions referred to in paragraph 1 shall be used by the Commission:
    (a) either within the framework of aid granted on an autonomous basis;
    (b) or under agreements concluded with one or more beneficiary third countries;
    (c) or under agreements with the international organisations referred to in Article 53.
32002R2342 - Implementation of Community (4th generation) - Commission M4Article 231
Appropriations for the actions referred to in Title IV, Chapter 1 of Part Two of the Financial Regulation may, in particular, finance procurement contracts, grants, including interest rate subsidies, special loans, loan guarantees and financial assistance, budgetary support and other specific forms of budgetary aid.

EU Cases

Case PteRef Text
T-411/06
Sogelma		114-117Q4-162114 It must first be decided which provisions and principles govern the obligation to state the reasons for the decision to cancel the tender procedure.
    115 In that context, the Court must reject the applicant’s argument that Directive 2004/18 applies to the procurement procedure at issue. The purpose of that directive which, according to Article 84 thereof, is addressed to Member States, is to coordinate national laws, regulations and administrative provisions applicable to the procedures for the award of public works contracts, public supply contracts and public service contracts. However, public contracts awarded by the EAR are not subject to the legislation of Member States.
    116 It must be noted that public procurement by the Community institutions is subject to the provisions of the Financial Regulation and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002, laying down detailed rules for the implementation of the Financial Regulation (OJ 2002 L 357, p. 1, ‘the Implementing Rules’). Under Article 162(1) of the Financial Regulation, external actions financed from the general budget of the European Communities are governed by Parts One (Common Provisions) and Three (Transitional and Final Provisions) of that regulation save as otherwise provided in Title IV (External Actions) of Part Two (Special Provisions). Article 7 of Regulation No 2666/2000 moreover expressly provides that the Commission is to implement the Community assistance covered by that regulation in accordance with the Financial Regulation.
    117 The provisions which the Commission must respect as regards public procurement also apply to the EAR. Under Article 185(1) of the Financial Regulation, the Commission is to adopt a framework financial regulation for the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget. Under Article 74 of Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation No 1605/2002 (OJ 2002 L 357, p. 72), the relevant provisions of the Financial Regulation and the Implementing Rules are to apply as regards procurement by those bodies.
T-59/05
Evropaiki Dynamiki		46-47Q4-10546 First, the applicant alleges infringement of Article 17(1) of Directive 92/50. However, under Article 105 of the Financial Regulation, as from 1 January 2003 that directive, relating to the coordination of procedures for the award of public service contracts, applies to public contracts awarded by the institutions of the Communities on their own account only as regards questions relating to the thresholds determining publication arrangements, choice of procedures and corresponding time-limits.
    47 It follows that in the present case, which concerns a public services contract awarded by the Commission, the question whether the contracting authority has complied with its obligation to define and set out in advance in the call for tenders the selection criteria for evaluating the capability of tenderers, and the award criteria for evaluating the content of their tenders, must be examined in the light of the provisions of the Financial Regulation and the Implementing Rules.
T-465/04
Evropaïki Dinamiki 		1+46Q4-1051 The award of Commission service contracts is governed by the provisions of Title V of Part One of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1, ‘the Financial Regulation’) and by the provisions of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of the Financial Regulation (OJ 2002 L 357, p. 1, ‘the Implementing Rules’). Those provisions are based on the Community directives on the subject, in particular, in the case of service contracts, Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1), as amended.
.....
    46 As a preliminary point, contrary to what is claimed by the applicant, the provisions of Directive 92/50 – which, pursuant to Article 105 of the Financial Regulation, applies to public contracts awarded by the institutions of the Communities on their own account only in respect of matters relating to thresholds which determine the publication arrangements, the choice of procedures and the corresponding timelimits – are not those relevant to examination of whether the Commission has complied with its obligation to provide to the unsuccessful tenderer a statement of the reasons for rejection of its tender. As was stated in paragraph 1 above, the award of the contract at issue is, in fact, governed by the provisions of the Financial Regulation and of the Implementing Rules and, as regards the obligation to state reasons, specifically by Article 100(2) of the Financial Regulation and Article 149 of the Implementing Rules.
T-345/03
Evropaiki Dynamiki		65S2-3.2
M32-126		65 The applicant maintains that the Commission failed to adhere to the principle of equal treatment as between tenderers, as laid down in Article 3(2) of Directive 92/50 and in Article 126 of the Implementing Rules.
T-332/03
ESN		69S2-3.2
M32-126		69 La requérante estime, premièrement, que, en imposant une période de rodage d’une durée obligatoire de trois mois dans le cahier des charges, la défenderesse a violé le principe d’égalité de traitement prévu à l’article 126 des modalités d’exécution I et à l’article 3, paragraphe 2, de la directive 92/50.
T-160/03
AFCon		60-64C2A1-1.6.p1=S2-23.1-impl
S2-36.1-impl
Q3A7-1.23=Q3-56-impl		60. The complaints relating to the consideration of AFCon's experience in earlier projects funded by the Tacis programme are not sufficiently established.
    61. The documentation relating to the evaluation of the tenders, produced to the Court following measures of organisation of procedure, does not establish that the members of the evaluation committee included in the criteria for evaluating the tenders the earlier experience of the tenderers in respect of projects financed by the Tacis programme. It is clear from the documents headed Detailed Technical Evaluation per Tenderer' that the evaluation committee took as its basis eight objective criteria relating to the experts' experience, the project's approach and the involvement of local experts. Moreover, the evaluators' note relating to the evaluation of AFCon's tender does not contain any negative appraisal about an alleged lack of experience or difficulties previously encountered in the implementation of Tacis programme projects. Thus, the members of the evaluation committee noted, as one of the strong points of AFCon's tender, the strength of the team leader and his experience in the region covered by the project. Among the weak points, the members of the evaluation committee noted, in particular, that the team leader had only limited Russian language skills and that, in general, the tender seemed too ambitious and, in some respects, too rigid.
    62. As regards the arguments relating to the comments which Mr Rea is alleged to have made, it must be stated that in his final report he did not make any remarks at all about any difficulties which AFCon had encountered in previous projects.
    63. Likewise, the report of the external evaluator, Ms Karttunen, to which the applicants referred at the hearing, contains no negative comments about AFCon's earlier experience in Tacis programme projects. That report drew attention, in particular, to the experience gained in Russia by the team leader whilst stating that in the interview he was not transparent regarding the current situation of the existing Farm Advisory Centres in the project area'.
    64. Consequently, it is sufficient to state that the applicants have not established that the Commission relied on a negative assessment of AFCon's experience in earlier Tacis-programme projects when evaluating AFCon's tender. Therefore, the complaints relating to the unlawfulness of the criteria used in evaluating AFCon's tender must be rejected.
T-40/01
Scan Office		1Q3A7-1.23=Q3-561 On 27 August 1996, acting pursuant to Article 56 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (OJ 1977 L 356, p. 1), last amended, at the material time, in connection with the special provisions applicable to research and technological development appropriations, by Council Regulation (EC, Euratom, ECSC) No 2335/95 of 18 September 1995 (OJ 1995 L 240, p. 12) .....
T-04/01
Renco		2Q3A7-1.23=Q3-562 Under Article 56 of the Financial Regulation, `each institution shall comply with the same obligations as are imposed upon bodies in the Member States' by the directives on public works contracts, when concluding contracts for which the amount involved is equal to or greater than the threshold provided for by those directives.
T-183/00
Strabag		2Q3A7-1.23=Q3-562 Under Article 56 of the Financial Regulation, `each institution shall comply with the same obligations as are imposed upon bodies in the Member States' by the directives on public works contracts, when concluding contracts for which the amount involved is equal to or greater than the thresholds provided for by those directives.
T-169/00
Esedra		4Q3A7-1.23=Q3-56
M32-126		4 Accordingly, the Commission adopted Regulation (Euratom, ECSC, EC) No 3418/93 of 9 December 1993 laying down detailed rules for the implementation of certain provisions of the Financial Regulation (OJ 1993 L 315, p. 1). Articles 97 to 105 and 126 to 129 of that regulation apply to the award of public contracts for the supply of services. In particular, Article 126 provides as follows: The Council directives on public works, supplies and services contracts shall be applicable to the award of contracts by the institutions whenever the amounts involved are equal to or greater than the amounts provided for in those directives.
T-203/96
Embassy Limousines		39Q3A5-1.73=Q3-64
M32-126		39 It is important to stress, however, that, in the words of Article 1 of Directive 92/50, applicable pursuant to Article 126 of Commission Regulation (Euratom, ECSC, EC) No 3418/93 of 9 December 1993 laying down detailed rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977 (OJ 1993 L 315, p. 1), inasmuch as the value of the contract at issue exceeds the threshold laid down in Article 7(1) of that directive, `public service contracts shall mean contracts for pecuniary interest concluded in writing between a service provider and a contracting authority'.
T-19/95
Adia Interim 		31.s1Q3A5-1.73=Q3-64
M32-126		31 In this connection, the Court observes that Directive 92/50 is applicable in this case by virtue of Article 126 of Regulation No 3418/93, since the value of the contract in question exceeds the threshold laid down by Article 7(1) of that directive.