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International Construction Law Review

CORRESPONDENTS’ REPORT

NEW PUBLIC PROCUREMENT RULES IN THE EU

HUBERT ANDRÉ-DUMONT

Partner, McGuireWoods LLP, Brussels Bar

STEVEN ONGENA

Partner, McGuireWoods LLP, Brussels Bar
On 11 February 2014, the Council of the European Union adopted a legislative package aimed at modernising public procurement in the EU. The legislative package consists of three directives (collectively the “Directives”):
  • • Directive 2014/24/EU of 26 February 2014 on public procurement which repeals Directive 2004/18/EC,1 i.e. a general directive on public procurement for the purchase of goods, works and services;
  • • Directive 2014/25/EU of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors which repeals Directive 2004/17/EC2, i.e. a sector specific directive on procurement by entities operating in the sectors of water, energy, transport or postal services; and
  • • Directive 2014/23/EU of 26 February 2014 on the award of concession contracts3.
The Directives must be transposed into national legislation by 18 April 2016, although there is a longer period for some aspects of the e-procurement rules. As compared with the existing regime (i.e. Directive 2004/18/EC and Directive 2004/17/EC), the Directives introduce, among others, the following main changes.


Pt 3] New Public Procurement Rules in the EU

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