Home › Public Procurement › Utilities Procurement Directive

Utilities Procurement Directive

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
32014L0025 · official text on EUR-Lex

Articles

Chapter I Subject-matter and definitions

• 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

• 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

Section 1 Thresholds

• 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

• 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
• 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
• 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
• Article 32 — Research and development services
• Article 33 — Contracts subject to special arrangements
• Article 34 — Activities directly exposed to competition
• Article 35 — Procedure for establishing whether Article 34 is applicable

Chapter IV General principles

• 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

Chapter I Procedures

• 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

• 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

Section 1 Preparation

• 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

• 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

• Article 76 — General principles
• 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
• 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

• 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

• Article 87 — Conditions for performance of contracts
• Article 88 — Subcontracting
• Article 89 — Modification of contracts during their term
• Article 90 — Termination of contracts

Chapter I Social and other specific services

• 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

• 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
• 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
• 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