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Directive 2009/81/EC of the European Parliament and of the CouncilShow full title

Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination 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 Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)

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After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

  1. Introductory Text

  2. TITLE I DEFINITIONS, SCOPE AND GENERAL PRINCIPLES

    1. Article 1.Definitions

    2. Article 2.Scope

    3. Article 3.Mixed contracts

    4. Article 4.Procurement principles

  3. TITLE II RULES ON CONTRACTS

    1. CHAPTER I General provisions

      1. Article 5.Economic operators

      2. Article 6.Confidentiality obligations of contracting authorities/entities

      3. Article 7.Protection of classified information

    2. CHAPTER II Thresholds, central purchasing bodies and exclusion provisions

      1. Section 1 Thresholds

        1. Article 8.Threshold amounts for contracts

        2. Article 9.Methods for calculating the estimated value of contracts and of framework agreements

      2. Section 2 Central purchasing bodies

        1. Article 10.Contracts and framework agreements awarded by central purchasing bodies

      3. Section 3 Excluded contracts

        1. Article 11.Use of exclusions

        2. Article 12.Contracts awarded pursuant to international rules

        3. Article 13.Specific exclusions

      4. Section 4 Special arrangements

        1. Article 14.Reserved contracts

    3. CHAPTER III Arrangements for service contracts

      1. Article 15.Service contracts listed in Annex I

      2. Article 16.Service contracts listed in Annex II

      3. Article 17.Mixed contracts including services listed in Annexes I and II

    4. CHAPTER IV Specific rules governing contract documentation

      1. Article 18.Technical specifications

      2. Article 19.Variants

      3. Article 20.Conditions for performance of contracts

      4. Article 21.Subcontracting

      5. Article 22.Security of information

      6. Article 23.Security of supply

      7. Article 24.Obligations relating to taxes, environmental protection, employment protection provisions and working conditions

    5. CHAPTER V Procedures

      1. Article 25.Procedures to be applied

      2. Article 26.Negotiated procedure with publication of a contract notice

      3. Article 27.Competitive dialogue

      4. Article 28.Cases justifying use of the negotiated procedure without publication of a contract notice

      5. Article 29.Framework agreements

    6. CHAPTER VI Rules on advertising and transparency

      1. Section 1 Publication of notices

        1. Article 30.Notices

        2. Article 31.Non-mandatory publication

        3. Article 32.Form and manner of publication of notices

      2. Section 2 Time-limits

        1. Article 33.Time-limits for receipt of requests to participate and for receipt of tenders

      3. Section 3 Information content and means of transmission

        1. Article 34.Invitations to tender, negotiate or participate in a dialogue

        2. Article 35.Information for candidates and tenderers

      4. Section 4 Communication

        1. Article 36.Rules applying to communication

      5. Section 5 Reports

        1. Article 37.Content of reports

    7. CHAPTER VII Conduct of the procedure

      1. Section 1 General provisions

        1. Article 38.Verification of the suitability and choice of participants and award of contracts

      2. Section 2 Criteria for qualitative selection

        1. Article 39.Personal situation of the candidate or tenderer

        2. Article 40.Suitability to pursue the professional activity

        3. Article 41.Economic and financial standing

        4. Article 42.Technical and/or professional ability

        5. Article 43.Quality management systems standards

        6. Article 44.Environmental management standards

        7. Article 45.Additional documentation and information

        8. Article 46.Official lists of approved economic operators and certification by bodies established under public or private law

      3. Section 3 Award of the contract

        1. Article 47.Contract award criteria

        2. Article 48.Use of electronic auctions

        3. Article 49.Abnormally low tenders

  4. TITLE III RULES APPLICABLE TO SUBCONTRACTING

    1. CHAPTER I Subcontracts awarded by successful tenderers which are not contracting authorities/entities

      1. Article 50.Scope

      2. Article 51.Principles

      3. Article 52.Thresholds and rules on advertising

      4. Article 53.Criteria for qualitative selection of subcontractors

    2. CHAPTER II Subcontracts awarded by successful tenderers which are contracting authorities/entities

      1. Article 54.Rules to be applied

  5. TITLE IV RULES TO BE APPLIED TO REVIEWS

    1. Article 55.Scope and availability of review procedures

    2. Article 56.Requirements for review procedures

    3. Article 57.Standstill period

    4. Article 58.Derogations from the standstill period

    5. Article 59.Time-limits for applying for review

    6. Article 60.Ineffectiveness

    7. Article 61.Infringements of this Title and alternative penalties

    8. Article 62.Time-limits

    9. Article 63.Corrective mechanism

    10. Article 64.Content of a notice for voluntary ex ante transparency

  6. TITLE V STATISTICAL OBLIGATIONS, EXECUTORY POWERS AND FINAL PROVISIONS

    1. Article 65.Statistical obligations

    2. Article 66.Content of the statistical report

    3. Article 66a. Exercise of the delegation

    4. Article 66b. Urgency procedure

    5. Article 67.Committee procedure

    6. Article 68.Revision of thresholds

    7. Article 69.Amendments

    8. Article 70.Amendment to Directive 2004/17/EC

    9. Article 71.Amendment to Directive 2004/18/EC

    10. Article 72.Transposition

    11. Article 73.Review and reporting

    12. Article 74.Entry into force

    13. Article 75.Addressees

    1. ANNEX I

      Services referred to in Articles 2 and 15

    2. ANNEX II

      Services referred to in Articles 2 and 16

    3. ANNEX III

      Definition of certain technical specifications referred to in Article 18

      1. For the purposes of this Directive, the following definitions shall...

      2. ‘Technical specifications’, in the case of works contracts: the totality...

    4. ANNEX IV

      Information to be included in the notices referred to in Article 30

      1. NOTICE OF PUBLICATION OF A PRIOR INFORMATION NOTICE ON A...

      2. PRIOR INFORMATION NOTICE

      3. CONTRACT NOTICES

      4. CONTRACT AWARD NOTICE

    5. ANNEX V

      Information to be included in the subcontract notices referred to in Article 52

      1. The name, address, fax number and e-mail address of the...

    6. ANNEX VI

      FEATURES CONCERNING PUBLICATION

      1. Publication of notices The notices referred to in Articles 30...

    7. ANNEX VII

      REGISTERS

      1. PART A Works contracts

      2. PART B Supply contracts

      3. PART C Service contracts

    8. ANNEX VIII

      Requirements relating to devices for the electronic receipt of requests to participate and tenders

      1. Devices for the electronic receipt of requests for participation and...

      2. electronic signatures relating to requests to participate and tenders comply...

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