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New thresholds for public procurement procedures 2012 - 2013
On 30 November 2011, the new European thresholds for public procurement procedures during the period 2012 – 2013 were announced (1). Although Belgian procurement legislation still needs to be modified accordingly, these thresholds are already fully applicable on all procedures that have started as of 1 January 2012.
1. New European thresholds
The thresholds vary depending on the type of contract, as well as the awarding authority. They are schematically described in the following table (2):
|
Public contract |
Tresholds 2010 – 2011 (EUR) |
Tresholds 2012 – 2013 (EUR) |
|
Public works Classic and utilities sectors |
4,845,000 |
5,000,000 |
|
Public supply and services Classic sectors - Decentralised authorities |
193,000 |
200,000 |
|
Public supply and services Classic sectors - Centralised authorities |
125,000 |
130,000 |
|
Public supply and services Utilities sectors |
387,000 |
400,000 |
For the first time, there is an increase of the threshold values where previously a decrease was always the case.
2. Changes to the Belgian thresholds
For the moment, the other Belgian thresholds remain unchanged. Some of these thresholds will change once the Royal Decree of 15 July 2011 enters into force; this date remains yet to be determined.
|
Procedure |
R.D. 8 january 1996 (EUR) |
R.D. 15 july 2011 (EUR) |
|
Negotiated procedure without publication Classic sectors |
67,000 |
85,000 |
|
Order process Classic sectors |
5,500 |
8,500 |
|
Negotiated procedure with publication Classic and utilities sectors |
To be determined |
The EUR 22,000 threshold relating to the limited application of the General Conditions for executing public tenders (Annex to the Royal Decree of 26 September 1996) remains unchanged.
Kathleen De hornois, Advocaat-vennoot/Avocat associé, Tel.: + 32 2 800 70 60, E-mail: kdehornois@laga.be
Ine Van Herck, Advocaat/Avocat, Tel.: +32 2 800 70 18, E-mail: ivanherck@laga.be
Click here to read Dutch version
Click here to read French version
(1) Reg. EC 1251/2011 of 30 November 2011, O.J.E.C.. L 319/43, 2 December 2011
(2) Only the most important categories are given; for exceptions, e.g. defence procurement, reference is made to the text of the regulation.
