Particular procurement regimes for the award of service contracts

13.7.2015

Question for written answer E-011249-15
to the Commission
Rule 130
Evelyn Regner (S&D)

Article 74 of Directive 2014/24/EU stipulates that public contracts for services listed in Annex XIV that are over the threshold must be awarded in accordance with the ‘particular procurement regimes’ (Title III, Chapter I). Under Article 77 of that directive, Member States may reserve the right to participate in procedures for the award of public contracts listed in the article under their CPV codes for certain organisations such as non-profit organisations.

1. Should Article 77 be interpreted to mean that Member States may incorporate it into their national legislation but do not have to do so?

2. If a Member State reserves the right to participate in public procurement procedures in accordance with Article 77, are all the services listed in the article under their CPV codes then reserved for certain organisations, or does the Member State have the option of reserving only some of the services listed in Article 77 and not reserving others?

3. In order to be eligible to participate in public procurement procedures for reserved services, the organisations concerned must fulfil all the criteria laid down in Article 77(2). Does this automatically mean that all these criteria must be incorporated into national legislation, or may certain criteria be omitted?