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 Date | 20 August 2009 |
| Subject | ravvicinamento 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 Publication | Gazzetta 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 |
02009L0081 — EN — 01.01.2022 — 009.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
| ►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 |
| Article 8. | Threshold amounts for contracts |
| Article 9. | Methods for calculating the estimated value of contracts and of framework agreements |
| Article 10. | Contracts and framework agreements awarded by central purchasing bodies |
| Article 11. | Use of exclusions |
| Article 12. | Contracts awarded pursuant to international rules |
| Article 13. | Specific exclusions |
| 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 |
| Article 30. | Notices |
| Article 31. | Non-mandatory publication |
| Article 32. | Form and manner of publication of notices |
| Article 33. | Time-limits for receipt of requests to participate and for receipt of tenders |
| Article 34. | Invitations to tender, negotiate or participate in a dialogue |
| Article 35. | Information for candidates and tenderers |
| Article 36. | Rules applying to communication |
| Article 37. | Content of reports |
| CHAPTER VII | Conduct of the procedure |
| Article 38. | Verification of the suitability and choice of participants and award of contracts |
| 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 |
| 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:
‘Common Procurement Vocabulary (CPV)’ means the reference nomenclature applicable to contracts awarded by contracting authorities/entities, as adopted by Regulation (EC) No 2195/2002;
‘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;
‘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;
‘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’;
‘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...
To continue reading
Request your trial