Increase of European publication thresholds for public procurement contracts published as of 1 January 2018

Increase of European publication thresholds for public procurement contracts published as of 1 January 2018

In the meantime, the most recent adaptations of the European publication thresholds date from 15 December 2015 and apply to public procurement contracts published from 1 January 2016 through 31 December 2017. As soon as the estimated value of the public procurement contracts reach these thresholds, the contracting authority is obliged to announce the public procurement contract in question via publication in the Official Journal of the Europe Union.  In addition, the European thresholds are also important for the applicability of many provisions in the Belgian public procurement contract regulations.

On 19 December 2017 the European Commission published the threshold amounts that apply for public procurement contracts and concessions which are published as of 1 January 2018.

Classic sectors (Commission Delegated Regulation (EU) 2017/2365 of 18 December 2017 [1])

Works contracts

For public procurement contracts for works published as of 1 January 2016, the rule is that they must be published in the Official Journal of the Europe Union as soon as the estimated value of the contract reaches the threshold of 5,225,000.00 EUR. This threshold applies for contracts that are published through 31 December 2017.

For works contracts that are published as of 1 January 2018, the European publication threshold is raised to 5,548,000.00 EUR (excl. VAT).

Contracts for supplies and services

The European publication thresholds differ for public procurement contracts for supplies and services depending on whether they are awarded by central contracting authorities or non-central government services. You can find the central contracting authorities listed in annex I to Directive 2014/24/EU of 26 February 2014. These include the Federal Public Services and the Buildings Agency. For public procurement contracts for supplies and services that are awarded by such central contracting authorities, the threshold is increased from 135,000.00 EUR to 144,000.00 EUR (excl. VAT).

For public procurement contracts for supplies and services that are placed by a non-central contracting authority, i.e. contracting authorities that are not listed in annex I, the European publication threshold is raised from 209,000.00 EUR to 221,000.00 EUR (excl. VAT).

Social and other specific services within the meaning of annex XIV [2]

The European thresholds for public procurement contracts in the sectors listed in annex XIV of Directive no. 2014/24/EU are not increased. For obligatory European publication of public procurement contracts in these sectors, including health care and social and related services, the European publication threshold is maintained at 750,000.00 EUR (excl. VAT).

Special sectors (Commission Delegated Regulation (EU) 2017/2364 of 18 December 2017[3])

Works contracts

For public procurement contracts for works in the special sectors (water and energy, transport and postal services) published as of 1 January 2018, the same threshold applies as in the classic sectors, i.e. an increased threshold of 5,548,000.00 EUR (excl. VAT). This threshold also applies for the public procurement contracts in the defence and security sector.

Contracts for goods and services

The European thresholds for public procurement contracts for supplies and services that are published as of 1 January 2018 are increased from 418,000.00 EUR to 443,000.00 EUR (excl. VAT). This threshold also applies for the public procurement contracts in the defence and security sector.

Concession contracts (Commission Delegated Regulation (EU) 2017/2366 of 18 December 2017 [4])

Finally, the European threshold concerning concession contracts is also increased from 5,225,000.00 EUR (published through 31 December 2017) to 5,548,000.00 EUR excl. VAT (published as of 1 January 2018).

This threshold amount applies not only for concessions for (public) works but also for service concessions (art. 8 (1) Directive 2014/23/EU).

For more information on this subject, you can consult Geert Dewachter, Jan De Leyn (authors) and Kris Lemmens (Public Procurement and PPP unit head).

[1] Commission Delegated Regulation (EU) 2017/2365 of 18 December 2017 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts, OJ L 337, 19 December 2017)

[2] Annex XIV to Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, OJ L 94, 28 March 2014.

[3] Commission Delegated Regulation (EU) 2017/2364 of 18 December 2017 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts, OJ L 337, 19 December 2017.

[4] Commission Delegated Regulation (EU) 2017/2366 of 18 December 2017 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts, OJ L 337, 19 December 2017.