Title I – Subject-matter and scope

Article 1

Subject-matter and scope

1.This Regulation establishes rules on public contracts for works, supplies or services and concessions for works or services procured by one or more public buyers from one or more economic operators, the value of which is equal to or greater than the thresholds established in Article 2.

2.This Regulation lays down the procedural rules that apply to the award of public contracts and concessions as well as the procurement-related aspects of the planning and the execution of such contracts and concessions, sets out strategic objectives to be taken into account and establishes a framework for a common digital ecosystem to be used in their planning, award and implementation as well as mechanisms to ensure efficiency and accountability of public procurement.

3.This Regulation does not regulate matters pertaining to general administrative or contract law in the Member States beyond the matters referred to in paragraphs 1 and 2. It does not affect the way in which the Member States organise their public administration, including financial and budgetary control of public spending, or the organisation of their social security systems.

4.The application of this Regulation is subject to Article 346 of the Treaty. This Regulation does not preclude the adoption or enforcement of national measures necessary for the protection of Member States’ national security in accordance with the Treaty.

5.This Regulation does not affect the freedom of Member States under Article 4 of the Treaty to establish, in conformity with Union law, services of general economic interest, and how those services are organised and financed, provided that they are in compliance with State aid rules, and the specific obligations to which they are subject. Furthermore, this Regulation does not affect any decision of public authorities as to whether, how and to what extent they wish to perform public functions themselves pursuant to Article 14 of the Treaty and Protocol No. 26 of the Treaty.

6.Agreements, decisions or other legal instruments that organise the transfer of powers and responsibilities for the performance of public tasks between public buyers and that do not provide for remuneration to be given for contractual performance are considered to be a matter of internal organisation of the Member State concerned and, as such, are not affected in any way by this Regulation.

Article 2

Thresholds

1.This Regulation applies to public contracts and concessions with a value net of value-added tax (VAT) estimated to be equal to or greater than the following thresholds:

(a)EUR 5 404 000 for public works contracts and for concessions;

(b)EUR 140 000 for public supply contracts and public service contracts awarded by the central government authorities listed in Annex I;

(c)EUR 216 000 for public supply contracts and public service contracts awarded by sub-central contracting authorities;

(d)EUR 432 000 for public supply contracts and public service contracts awarded by contracting entities operating in the sectors covered by Part II, Title I, Chapter 2;

(e)EUR 750 000 for contracts for social, health and educational services awarded pursuant to Article 58.

2.The Commission is empowered to adopt delegated acts in accordance with Article 141, or, in cases of urgency, with Article 142, amending the thresholds set out in paragraph 1 of this Article in accordance with the conditions set out in Article 3.

Article 3

Revision of thresholds

1.Every two years from … [OP please insert the date = the last day of the month of August after the date of entry into force of this Regulation], the Commission shall verify that the thresholds set out in Article 2(1) correspond to the thresholds established in the World Trade Organization Agreement on Government Procurement (GPA) and shall, where necessary, revise those thresholds in accordance with this Article.

2.The Commission shall revise the thresholds set out in Article 2 in accordance with the calculation method set out in the GPA. The Commission shall calculate the value of these thresholds on the basis of the average daily value of the euro in terms of the special drawing rights (SDRs), over a 24-month period terminating on 31 August preceding the revision with effect from 1 January. The value of the revised thresholds shall, where necessary, be rounded down to the nearest thousand euros to ensure that the thresholds in force provided for by the GPA, expressed in SDRs, are observed.

3.From 1 January 202X [OP please insert year after the year of entry into force of this Regulation], and every two years thereafter, the Commission shall determine the values, in the national currencies of the Member States whose currency is not the euro, of the thresholds set out in Article 2 of this Regulation.

4.In accordance with the calculation method set out in the GPA, the Commission shall determine the values referred to in paragraph 3 on the basis of the average daily values of those currencies corresponding to the applicable threshold expressed in euros over the 24-month period terminating on 31 August preceding the revision with effect from 1 January of the following year.

5.The Commission shall publish the revised thresholds, and their corresponding values in the national currencies of the Member States whose currency is not the euro, in the Official Journal of the European Union at the beginning of the month of November following their revision.

6.Where it is necessary to revise the thresholds set out in Article 3 and where imperative grounds of urgency prevent the use of the procedure laid down in Article 141 and therefore imperative grounds of urgency so require, the procedure referred to in Article 142 shall apply to delegated acts adopted pursuant to Article 2(2).