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2.12.2011 Official
Journal
of
the
European
Union L
319/43
COMMISSION REGULATION (EU) No 1251/2011
of 30 November 2011
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 awards of contract
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
2004/18/EC which are not covered by the Agreement. At
the same time, the thresholds laid down by Directive
Having regard to the Treaty on the Functioning of the European
2009/81/EC should be aligned to the revised thresholds
Union,
laid down in Article 16 of Directive 2004/17/EC.
Having regard to Directive 2004/17/EC of the European
(4) Directives
2004/17/EC,
2004/18/EC
and
2009/81/EC
Parliament and of the Council of 31 March 2004 coordinating
should therefore be amended accordingly.
the procurement procedures of entities operating in the water,
energy, transport and postal services ( 1 ), and in particular
(5) The
measures
provided
for
in
this
Regulation
are
in
Article 69 thereof,
accordance with the opinion of the Advisory
Committee for Public Contracts,
Having regard to Directive 2004/18/EC of the European
Parliament and of the Council of 31 March 2004 on the coor
HAS ADOPTED THIS REGULATION:
dination of procedures for the award of public works contracts,
public supply contracts and public service contracts ( 2 ), and in
Article 1
particular Article 78 thereof,
Directive 2004/17/EC is amended as follows:
Having regard to Directive 2009/81/EC of the European
Parliament and of the Council of 13 July 2009 on the coor
(1) Article 16 is amended as follows:
dination of procedures for the award of certain works contracts,
supply contracts and service contracts by contracting authorities
(a) in point (a), the amount ‘EUR 387 000’ is replaced by
or entities in the fields of defence and security, and amending
‘EUR 400 000’;
Directives 2004/17/EC and 2004/18/EC ( 3 ), and in particular
Article 68 thereof,
(b) in point (b), the amount ‘EUR 4 845 000’ is replaced by
‘EUR 5 000 000’;
Whereas:
(2) Article 61 is amended as follows:
(1) By
Council
Decision
94/800/EC
of
22
December
1994
concerning the conclusion on behalf of the European
(a) in paragraph 1, the amount ‘EUR 387 000’ is replaced
Community, as regards matters within its competence,
by ‘EUR 400 000’;
of the agreements reached in the Uruguay Round multi
lateral negotiations (1986 to 1994) ( 4 ) the Council
(b) in paragraph 2, the amount ‘EUR 387 000’ is replaced
concluded the Agreement on Government Procurement
by ‘EUR 400 000’.
(hereinafter referred to as ‘the Agreement’). The
Agreement should be applied to any procurement
Article 2
contract with a value that reaches or exceeds the
amounts (hereinafter referred to as ‘thresholds’) set in
Directive 2004/18/EC is amended as follows:
the Agreement and expressed as special drawing rights.
(1) Article 7 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
(a) in point (a), the amount ‘EUR 125 000’ is replaced by
contracting authorities which apply those Directives to
‘EUR 130 000’;
comply at the same time with the obligations laid
down in the Agreement. To achieve this, the thresholds
(b) in point (b), the amount ‘EUR 193 000’ is replaced by
laid down by those Directives for public contracts which
‘EUR 200 000’;
are also covered by the Agreement should be aligned in
order to ensure that they correspond to the euro
(c) in point (c), the amount ‘EUR 4 845 000’ is replaced by
equivalents, rounded down to the nearest thousand, of
‘EUR 5 000 000’;
the thresholds set out in the Agreement.
(2) the first paragraph of Article 8 is amended as follows:
(3) For
reasons
of
coherence,
it
is
appropriate
to
align
also those thresholds in Directives 2004/17/EC and
(a) in point (a), the amount ‘EUR 4 845 000’ is replaced by
‘EUR 5 000 000’;
( 1 ) OJ L 134, 30.4.2004, p. 1.
( 2 ) OJ L 134, 30.4.2004, p. 114.
( 3 ) OJ L 216, 20.8.2009, p. 76.
(b) in point (b), the amount ‘EUR 193 000’ is replaced by
( 4 ) OJ L 336, 23.12.1994, p. 1.
‘EUR 200 000’;

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L 319/44
EN
Official Journal of the European Union
2.12.2011
(3) in Article 56, the amount ‘EUR 4 845 000’ is replaced by
(c) in point (c), the amount ‘EUR 193 000’ is replaced by
‘EUR 5 000 000’;
‘EUR 200 000’.
Article 3
(4) in the first subparagraph of Article 63(1), the amount ‘EUR
4 845 000’ is replaced by ‘EUR 5 000 000’;
Article 8 of Directive 2009/81/EC is amended as follows:
(5) Article 67(1) is amended as follows:
(1) in point (a), the amount ‘EUR 387 000’ is replaced by ‘EUR
400 000’;
(a) in point (a), the amount ‘EUR 125 000’ is replaced by
(2) in point (b), the amount ‘EUR 4 845 000’ is replaced by
‘EUR 130 000’;
‘EUR 5 000 000’.
Article 4
(b) in point (b), the amount ‘EUR 193 000’ is replaced by
‘EUR 200 000’;
This Regulation shall enter into force on the 1 January 2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 November 2011.
For the Commission
The President
José Manuel BARROSO

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