Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)Text with EEA relevance

Publication Date20 August 2009
Subjectravvicinamento delle legislazioni,Libertà di stabilimento,appalti pubblici dell'Unione europea,rapprochement des législations,Liberté d'établissement,marchés publics de l'Union européenne,aproximación de las legislaciones,Libertad de establecimiento,contratación pública de la Unión Europea
Official Gazette PublicationGazzetta ufficiale dell’Unione europea, L 216, 20 agosto 2009,Journal officiel de l’Union européenne, L 216, 20 août 2009,Diario Oficial de la Unión Europea, L 216, 20 de agosto de 2009
Consolidated TEXT: 32009L0081 — EN — 01.01.2022

02009L0081 — EN — 01.01.2022 — 009.001


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►B DIRECTIVE 2009/81/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance) (OJ L 216 20.8.2009, p. 76)

Amended by:

Official Journal
No page date
M1 COMMISSION REGULATION (EC) No 1177/2009 of 30 November 2009 L 314 64 1.12.2009
M2 COMMISSION REGULATION (EU) No 1251/2011 of 30 November 2011 L 319 43 2.12.2011
►M3 COUNCIL DIRECTIVE 2013/16/EU of 13 May 2013 L 158 184 10.6.2013
M4 COMMISSION REGULATION (EU) No 1336/2013 of 13 December 2013 L 335 17 14.12.2013
M5 COMMISSION REGULATION (EU) 2015/2340 of 15 December 2015 L 330 14 16.12.2015
M6 COMMISSION REGULATION (EU) 2017/2367 of 18 December 2017 L 337 22 19.12.2017
►M7 REGULATION (EU) 2019/1243 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 June 2019 L 198 241 25.7.2019
M8 COMMISSION DELEGATED REGULATION (EU) 2019/1830 of 30 October 2019 L 279 29 31.10.2019
►M9 COMMISSION DELEGATED REGULATION (EU) 2021/1950 of 10 November 2021 L 398 19 11.11.2021




▼B

DIRECTIVE 2009/81/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 July 2009

on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC

(Text with EEA relevance)



CONTENTS
TITLE I DEFINITIONS, SCOPE AND GENERAL PRINCIPLES
Article 1. Definitions
Article 2. Scope
Article 3. Mixed contracts
Article 4. Procurement principles
TITLE II RULES ON CONTRACTS
CHAPTER I General provisions
Article 5. Economic operators
Article 6. Confidentiality obligations of contracting authorities/entities
Article 7. Protection of classified information
CHAPTER II Thresholds, central purchasing bodies and exclusion provisions
Section 1. Thresholds
Article 8. Threshold amounts for contracts
Article 9. Methods for calculating the estimated value of contracts and of framework agreements
Section 2. Central purchasing bodies
Article 10. Contracts and framework agreements awarded by central purchasing bodies
Section 3. Excluded contracts
Article 11. Use of exclusions
Article 12. Contracts awarded pursuant to international rules
Article 13. Specific exclusions
Section 4. Special arrangements
Article 14. Reserved contracts
CHAPTER III Arrangements for service contracts
Article 15. Service contracts listed in Annex I
Article 16. Service contracts listed in Annex II
Article 17. Mixed contracts including services listed in Annexes I and II
CHAPTER IV Specific rules governing contract documentation
Article 18. Technical specifications
Article 19. Variants
Article 20. Conditions for performance of contracts
Article 21. Subcontracting
Article 22. Security of information
Article 23. Security of supply
Article 24. Obligations relating to taxes, environmental protection, employment protection provisions and working conditions
CHAPTER V Procedures
Article 25. Procedures to be applied
Article 26. Negotiated procedure with publication of a contract notice
Article 27. Competitive dialogue
Article 28. Cases justifying use of the negotiated procedure without publication of a contract notice
Article 29. Framework agreements
CHAPTER VI Rules on advertising and transparency
Section 1. Publication of notices
Article 30. Notices
Article 31. Non-mandatory publication
Article 32. Form and manner of publication of notices
Section 2. Time-limits
Article 33. Time-limits for receipt of requests to participate and for receipt of tenders
Section 3. Information content and means of transmission
Article 34. Invitations to tender, negotiate or participate in a dialogue
Article 35. Information for candidates and tenderers
Section 4. Communication
Article 36. Rules applying to communication
Section 5. Reports
Article 37. Content of reports
CHAPTER VII Conduct of the procedure
Section 1. General provisions
Article 38. Verification of the suitability and choice of participants and award of contracts
Section 2. Criteria for qualitative selection
Article 39. Personal situation of the candidate or tenderer
Article 40. Suitability to pursue the professional activity
Article 41. Economic and financial standing
Article 42. Technical and/or professional ability
Article 43. Quality management systems standards
Article 44. Environmental management standards
Article 45. Additional documentation and information
Article 46. Official lists of approved economic operators and certification by bodies established under public or private law
Section 3. Award of the contract
Article 47. Contract award criteria
Article 48. Use of electronic auctions
Article 49. Abnormally low tenders
TITLE III RULES APPLICABLE TO SUBCONTRACTING
CHAPTER I Subcontracts awarded by successful tenderers which are not contracting authorities/entities
Article 50. Scope
Article 51. Principles
Article 52. Thresholds and rules on advertising
Article 53. Criteria for qualitative selection of subcontractors
CHAPTER II Subcontracts awarded by successful tenderers which are contracting authorities/entities
Article 54. Rules to be applied
TITLE IV RULES TO BE APPLIED TO REVIEWS
Article 55. Scope and availability of review procedures
Article 56. Requirements for review procedures
Article 57. Standstill period
Article 58. Derogations from the standstill period
Article 59. Time-limits for applying for review
Article 60. Ineffectiveness
Article 61. Infringements of this Title and alternative penalties
Article 62. Time-limits
Article 63. Corrective mechanism
Article 64. Content of a notice for voluntary ex ante transparency
TITLE V STATISTICAL OBLIGATIONS, EXECUTORY POWERS AND FINAL PROVISIONS
Article 65. Statistical obligations
Article 66. Content of the statistical report
Article 66a. Exercise of the delegation
Article 66b. Urgency procedure
Article 67. Committee procedure
Article 68. Revision of thresholds
Article 69. Amendments
Article 70. Amendment to Directive 2004/17/EC
Article 71. Amendment to Directive 2004/18/EC
Article 72. Transposition
Article 73. Review and reporting
Article 74. Entry into force
Article 75. Addressees
ANNEXES
Annex I Services referred to in Articles 2 and 15
Annex II Services referred to in Articles 2 and 16
Annex III Definition of certain technical specifications referred to in Article 18
Annex IV Information to be included in the notices referred to in Article 30
Annex V Information to be included in the subcontract notices referred to in Article 52
Annex VI Features concerning publication
Annex VII Registers
Annex VIII Requirements relating to devices for the electronic receipt of requests to participate and tenders



TITLE I

DEFINITIONS, SCOPE AND GENERAL PRINCIPLES

Article 1

Definitions

For the purposes of this Directive, the following definitions shall apply:

1.

‘Common Procurement Vocabulary (CPV)’ means the reference nomenclature applicable to contracts awarded by contracting authorities/entities, as adopted by Regulation (EC) No 2195/2002;

2.

‘Contracts’ means contracts for pecuniary interest concluded in writing as referred to in Article 1(2)(a) of Directive 2004/17/EC and Article 1(2)(a) of Directive 2004/18/EC;

3.

‘Works contracts’ means contracts having as their object either the execution, or both the design and execution, of works related to one of the activities mentioned in Division 45 of the CPV, or a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority/entity. A ‘work’ means the outcome of building or civil engineering works taken as a whole that is sufficient of itself to fulfil an economic or technical function;

4.

‘Supply contracts’ means contracts other than works contracts having as their object the purchase, lease, rental or hire-purchase, with or without the option to buy, of products.

A contract having as its object the supply of products and which also covers, as an incidental matter, siting and installation operations shall be considered to be a ‘supply contract’;

5.

‘Service contracts’ means contracts other than works or supply contracts having as their object the provision of services.

A contract having as its object both products and services shall be considered to be a ‘service contract’ if the value of the services in question exceeds that of the products covered by the contract.

A...

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