EU rules

Public procurement contracts constitute a significant percentage of the EU's gross domestic product (16 %). Therefore, action by the Commission has always been based on the improper application and enforcement of single market legislation.

Of course, the Treaty places a general ban on discriminatory measures and unfair treatment but these prohibitions are not sufficient on their own, and have to be completed with specific Directives so that compliance with the principles laid down in the Treaty can be enforced more effectively.

Much as been done and numerous Directives have been issued (see the list below).

The present ones are Directives 2004/18/EC of the European Parliament and of the Council on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts and 2004/17/EC coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors.


EU current legislation

Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors
Link to the document (PDF file)

Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
Link to the document (PDF file)

Commission Regulation (EC) No 2083/2005 of 19 December 2005 amending Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts
Link to the document (PDF file)

Commission Regulation (EC) No 1564/2005 of 7 September 2005 establishing standard forms for the publication of notices in the framework of public procurement procedures pursuant to Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council
Link to the document (PDF file)

Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement
Link to the document (PDF file)

Commission Decision 2005/15/EC of 7 January 2005 on the detailed rules for the application of the procedure provided for in Article 30 of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (notified under document C(2004) 5769)
Link to the document (PDF file)



CPV Regulation

Regulation 2195/2002/EC of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) amended by Commission Regulation 2151/2003/EC of 16 December 2003
Link to the document (PDF file)



Remedies directives

Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors
Link to the document (HTML file)

Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts
Link to the document (HTML file)



EU previous legislation

Corrigendum to Commission Directive 2001/78/EC of 13 September 2001 amending Annex IV to Council Directive 93/36/EEC, Annexes IV, V and VI to Council Directive 93/37/EEC, Annexes III and IV to Council Directive 92/50/EEC, as amended by Directive 97/52/EC, and Annexes XII to XV, XVII and XVIII to Council Directive 93/38/EEC, as amended by Directive 98/4/EC (Directive on the use of standard forms in the publication of standard contract notices)

Commission Directive 2001/78/EC of 13 September 2001 on the use of standard forms in the publication of public contract notices

European Parliament and Council Directive 98/4/EC of 16 February 1998 amending the coordinated procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

European Parliament and Council Directive 97/52/EC of 13 October 1997 amending the coordinated procedures for the award of public service contracts, public supply contracts and public works contracts

Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts

Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts

Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts