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14.12.2013 Official
Journal
of
the
European
Union L
335/17
COMMISSION REGULATION (EU) No 1336/2013
of 13 December 2013
amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of
the Council in respect of the application thresholds for the procedures for the awards of contract
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
laid down by those Directives for public contracts which
are also covered by the Agreement should be aligned in
order to ensure that they correspond to the euro equiv
Having regard to the Treaty on the Functioning of the European
alents, rounded down to the nearest thousand, of the
Union,
thresholds set out in the Agreement.
Having regard to Directive 2004/17/EC of the European
(3) For
reasons
of
coherence,
it
is
appropriate
to
align
also
Parliament and of the Council of 31 March 2004 coordinating
those thresholds in Directives 2004/17/EC and
the procurement procedures of entities operating in the water,
2004/18/EC which are not covered by the Agreement.
energy, transport and postal services sectors ( 1 ), and in particular
At the same time, the thresholds laid down by Directive
Article 69 thereof,
2009/81/EC should be aligned to the revised thresholds
laid down in Article 16 of Directive 2004/17/EC.
Having regard to Directive 2004/18/EC of the European
Parliament and of the Council of 31 March 2004 on the coor
(4) Directives
2004/17/EC,
2004/18/EC
and
2009/81/EC
dination of procedures for the award of public works contracts,
should therefore be amended accordingly.
public supply contracts and public service contracts ( 2 ), and in
particular Article 78 thereof,
(5) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Advisory
Having regard to Directive 2009/81/EC of the European
Committee for Public Contracts,
Parliament and of the Council of 13 July 2009 on the coor
dination 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
HAS ADOPTED THIS REGULATION:
Directives 2004/17/EC and 2004/18/EC ( 3 ), and in particular
Article 68 thereof,
Article 1
Whereas:
Directive 2004/17/EC is amended as follows:

(1) By
Decision
94/800/EC
(
(1) Article 16 is amended as follows:

4 ) the Council concluded the
Agreement on Government Procurement (hereinafter
referred to as ‘the Agreement’). The Agreement should
be applied to any procurement contract with a value
(a) in point (a), the amount ‘EUR 400 000’ is replaced by
that reaches or exceeds the amounts (hereinafter
‘EUR 414 000’;
referred to as ‘thresholds’) set in the Agreement and
expressed as special drawing rights.
(b) in point (b), the amount ‘EUR 5 000 000’ is replaced by
‘EUR 5 186 000’;
(2)
One of the objectives of Directives 2004/17/EC and
2004/18/EC is to allow the contracting entities and the
contracting authorities which apply those Directives to
comply at the same time with the obligations laid
(2) Article 61 is amended as follows:
down in the Agreement. To achieve this, the thresholds
( 1 ) OJ L 134, 30.4.2004, p. 1.
(a) in paragraph 1, the amount ‘EUR 400 000’ is replaced
( 2 ) OJ L 134, 30.4.2004, p. 114.
by ‘EUR 414 000’;
( 3 ) OJ L 216, 20.8.2009, p. 76.
( 4 ) Council Decision 94/800/EC of 22 December 1994 concerning the
conclusion on behalf of the European Community, as regards
matters within its competence, of the agreements reached in the
Uruguay Round multilateral negotiations (1986-1994) (OJ L 336,
(b) in paragraph 2, the amount ‘EUR 400 000’ is replaced
23.12.1994, p. 1).
by ‘EUR 414 000’.

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L 335/18
EN
Official Journal of the European Union
14.12.2013
Article 2
(4) in the first subparagraph of Article 63(1), the amount ‘EUR
5 000 000’ is replaced by ‘EUR 5 186 000’;
Directive 2004/18/EC is amended as follows:
(5) Article 67(1) is amended as follows:
(1) Article 7 is amended as follows:
(a) in point (a), the amount ‘EUR 130 000’ is replaced by
(a) in point (a), the amount ‘EUR 130 000’ is replaced by
‘EUR 134 000’;
‘EUR 134 000’;
(b) in point (b), the amount ‘EUR 200 000’ is replaced by
(b) in point (b), the amount ‘EUR 200 000’ is replaced by
‘EUR 207 000’;
‘EUR 207 000’;
(c) in point (c), the amount ‘EUR 200 000’ is replaced by
(c) in point (c), the amount ‘EUR 5 000 000’ is replaced by
‘EUR 207 000’.
‘EUR 5 186 000’;
Article 3
(2) the first paragraph of Article 8 is amended as follows:
Article 8 of Directive 2009/81/EC is amended as follows:
(a) in point (a), the amount ‘EUR 5 000 000’ is replaced by
(1) in point (a), the amount ‘EUR 400 000’ is replaced by ‘EUR
‘EUR 5 186 000’;
414 000’;
(b) in point (b), the amount ‘EUR 200 000’ is replaced by
(2) in point (b), the amount ‘EUR 5 000 000’ is replaced by
‘EUR 207 000’;
‘EUR 5 186 000’.
Article 4
(3) in Article 56, the amount ‘EUR 5 000 000’ is replaced by
‘EUR 5 186 000’;
This Regulation shall enter into force on 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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