Version status: Entered into force | Document consolidation status: Updated to reflect all known changes

Published date: 28 March 2014

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (Text with EEA relevance)

	Recitals
	Title I Scope, Definitions and General Principles (arts. 1-42)
	Chapter I Subject-matter and definitions (arts. 1-6)
	Article 1 Subject-matter and scope
	Article 2 Definitions
	Article 3 Contracting authorities
	Article 4 Contracting entities
	Article 5 Mixed procurement covering the same activity
	Article 6 Procurement covering several activities
	Chapter II Activities (arts. 7-14)
	Article 7 Common provisions
	Article 8 Gas and heat
	Article 9 Electricity
	Article 10 Water
	Article 11 Transport services
	Article 12 Ports and airports
	Article 13 Postal services
	Article 14 Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
	Chapter III Material scope (arts. 15-35)
	Section 1 Thresholds (arts. 15-17)
	Article 15 Threshold amounts
	Article 16 Methods for calculating the estimated value of procurement
	Article 17 Revision of the thresholds
	Section 2 Excluded contracts and design contests; special provisions for procurement involving defence and security aspects (arts. 18-35)
	Subsection 1 Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors (arts. 18-23)
	Article 18 Contracts awarded for purposes of resale or lease to third parties
	Article 19 Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country
	Article 20 Contracts awarded and design contests organised pursuant to international rules
	Article 21 Specific exclusions for service contracts
	Article 22 Service contracts awarded on the basis of an exclusive right
	Article 23 Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
	Subsection 2 Procurement involving defence and security aspects (arts. 24-27)
	Article 24 Defence and security
	Article 25 Mixed procurement covering the same activity and involving defence or security aspects
	Article 26 Procurement covering several activities and involving defence or security aspects
	Article 27 Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
	Subsection 3 Special relations (cooperation, affiliated undertakings and jointventures)(arts. 28-31)
	Article 28 Contracts between contracting authorities
	Article 29 Contracts awarded to an affiliated undertaking
	Article 30 Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
	Article 31 Notification of information
	Subsection 4 Specific situations (arts. 32-33)
	Article 32 Research and development services
	Article 33 Contracts subject to special arrangements
	Subsection 5 Activities directly exposed to competition and procedural provisions relating thereto (arts. 34-35)
	Article 34 Activities directly exposed to competition
	Article 35 Procedure for establishing whether Article 34 is applicable
	Chapter IV General principles (arts. 36-42)
	Article 36 Principles of procurement
	Article 37 Economic operators
	Article 38 Reserved contracts
	Article 39 Confidentiality
	Article 40 Rules applicable to communication
	Article 41 Nomenclatures
	Article 42 Conflicts of interest
	Title II Rules Applicable To Contracts (arts. 43-90)
	Chapter I Procedures (arts. 43-50)
	Article 43 Conditions relating to the GPA and other international agreements
	Article 44 Choice of procedures
	Article 45 Open procedure
	Article 46 Restricted procedure
	Article 47 Negotiated procedure with prior call for competition
	Article 48 Competitive dialogue
	Article 49 Innovation partnership
	Article 50 Use of the negotiated procedure without prior call for competition
	Chapter II Techniques and instruments for electronic and aggregated procurement (arts. 51-57)
	Article 51 Framework agreements
	Article 52 Dynamic purchasing systems
	Article 53 Electronic auctions
	Article 54 Electronic catalogues
	Article 55 Centralised purchasing activities and central purchasing bodies
	Article 56 Occasional joint procurement
	Article 57 Procurement involving contracting entities from different Member States
	Chapter III Conduct of the procedure (arts. 58-86)
	Section 1 Preparation (arts. 58-66)
	Article 58 Preliminary market consultations
	Article 59 Prior involvement of candidates or tenderers
	Article 60 Technical specifications
	Article 61 Labels
	Article 62 Test reports, certification and other means of proof
	Article 63 Communication of technical specifications
	Article 64 Variants
	Article 65 Division of contracts into lots
	Article 66 Setting time limits
	Section 2 Publication and Transparency (arts. 67-75)
	Article 67 Periodic indicative notices
	Article 68 Notices on the existence of a qualification system
	Article 69 Contract notices
	Article 70 Contract award notices
	Article 71 Form and manner of publication of notices
	Article 72 Publication at national level
	Article 73 Electronic availability of procurement documents
	Article 74 Invitations to candidates
	Article 75 Informing applicants for qualification, candidates and tenderers
	Section 3 Choice of participants and award of contracts (arts. 76-84)
	Article 76 General principles
	Subsection 1 Qualification and qualitative selection (arts. 77-81)
	Article 77 Qualification systems
	Article 78 Criteria for qualitative selection
	Article 79 Reliance on the capacities of other entities
	Article 80 Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
	Article 81 Quality assurance standards and environmental management standards
	Subsection 2 Award of the contract (arts. 82-84)
	Article 82 Contract award criteria
	Article 83 Life-cycle costing
	Article 84 Abnormally low tenders
	Section 4 Tenders comprising products originating in third countries and relations with those countries (arts. 85-86)
	Article 85 Tenders comprising products originating in third countries
	Article 86 Relations with third countries as regards works, supplies and service contracts
	Chapter IV Contract performance (arts. 87-90)
	Article 87 Conditions for performance of contracts
	Article 88 Subcontracting
	Article 89 Modification of contracts during their term
	Article 90 Termination of contracts
	Title III Particular Procurement Regimes (arts. 91-98)
	Chapter I Social and other specific services (arts. 91-94)
	Article 91 Award of contracts for social and other specific services
	Article 92 Publication of notices
	Article 93 Principles of awarding contracts
	Article 94 Reserved contracts for certain services
	Chapter II Rules governing design contests (arts. 95-98)
	Article 95 Scope
	Article 96 Notices
	Article 97 Rules on the organisation of design contests, the selection of participants and the jury
	Article 98 Decisions of the jury
	Title IV Governance (arts. 99-102)
	Article 99 Enforcement
	Article 100 Individual reports on procedures for the award of contracts
	Article 101 National reporting and statistical information
	Article 102 Administrative cooperation
	Title V Delegated Powers, Implementing Powers And Final Provisions (arts. 103-110)
	Article 103 Exercise of the delegation
	Article 104 Urgency procedure
	Article 105 Committee procedure
	Article 106 Transposition and transitional provisions
	Article 107 Repeal
	Article 108 Review
	Article 109 Entry into force
	Article 110 Addressees
	Annex I List of Activities as Set Out in Point (A) of Point 2 of Article 2
	Annex II List of Union Legal Acts Referred to in Article 4(3)
	Annex III List of Union Legal Acts Referred to in Article 34(3)
	Annex IV Deadlines for the Adoption of the Implementing Acts Referred to in Article 35
	Annex V Requirements Relating to Tools and Devices for the Electronic Receipt of Tenders, Requests to Participate, Applications for Qualification as Well as Plans and Projects in Contests
	Annex VI
	Annex VI, Part A Information to be Included in the Periodic Indicative Notice
	Annex VI, Part B Information to be Included in Notices of Publication of a Periodic Indicative Notice on a Buyer Profile not Used as a Means of Calling for Competition
	Annex VII Information to be Included in the Procurement Documents Relating to Electronic Auctions (Article 53(4))
	Annex VIII Definition of Certain Technical Specifications
	Annex IX Features Concerning Publication
	Annex X Information to be Included in the Notice on the Existence of a Qualification System
	Annex XI Information to be Included in Contract Notices
	Annex XII Information to be Included in the Contract Award Notice
	Annex XIII Contents of the Invitations to Submit a Tender, Participate in the Dialogue, to Negotiate or to Confirm Interest Provided for under Article 74
	Annex XIV List of International Social and Environmental Conventions Referred to in Article 36(2)
	Annex XV List of Union Legal Acts Referred to in Article 83(3)
	Annex XVI Information to be Included In Notices of Modifications of a Contract During its Term
	Annex XVII Services Referred to in Article 91
	Annex XVIII Information to be Included in Notices Concerning Contracts for Social and other Specific Services
	Annex XIX Information to be Included in the Design Contest Notice
	Annex XX Information to be Included in the Results of Design Contest Notices
	Annex XXI Correlation Table
	Done at