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Document 32009D0002(01)
2009/154/EC: Decision of the European Central Bank of 27 January 2009 amending Decision ECB/2007/5 laying down the Rules on Procurement (ECB/2009/2)
2009/154/EC: Decision of the European Central Bank of 27 January 2009 amending Decision ECB/2007/5 laying down the Rules on Procurement (ECB/2009/2)
2009/154/EC: Decision of the European Central Bank of 27 January 2009 amending Decision ECB/2007/5 laying down the Rules on Procurement (ECB/2009/2)
OJ L 51, 24.2.2009, p. 10–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
Special edition in Croatian: Chapter 10 Volume 003 P. 183 - 186
No longer in force, Date of end of validity: 14/04/2016; Implicitly repealed by 32016D0002
24.2.2009 |
EN |
Official Journal of the European Union |
L 51/10 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 27 January 2009
amending Decision ECB/2007/5 laying down the Rules on Procurement
(ECB/2009/2)
(2009/154/EC)
THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
Having regard to Article 11.6 of the Statute of the European System of Central Banks and of the European Central Bank,
Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (1), and in particular Article 19 thereof,
Whereas:
(1) |
The thresholds for public tender procedures laid down in 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 (2) have been changed by Commission Regulation (EC) No 1422/2007 of 4 December 2007 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 (3). The European Central Bank (ECB), although not subject to Directive 2004/18/EC, intends to apply the same thresholds for its public tender procedures. |
(2) |
To further enhance transparency and competition, in particular for procurements below the thresholds provided for in Decision ECB/2007/5 of 3 July 2007 laying down the Rules on Procurement (4), the ECB intends to establish lists of suitable suppliers who may be invited to submit a tender for procurements below the thresholds or to participate in public tenders. The lists will be established following the publication of calls for expressions of interest in the Official Journal of the European Union. |
(3) |
To prevent irregularities, combat fraud and corruption and promote sound and efficient management, candidates or tenderers who are guilty of such acts or have conflicting interests should be excluded from future tender procedures carried out by the ECB. The rules for such exclusion need to be specified in Decision ECB/2007/5. |
(4) |
For the sake of clarity, some of the rules laid down in Decision ECB/2007/5 need to be refined further, |
HAS DECIDED AS FOLLOWS:
Article 1
Amendments
Decision ECB/2007/5 is amended as follows:
1. |
in Article 1 the following definition is added:
|
2. |
Article 2 is amended as follows:
|
3. |
Article 4(3) is replaced by the following: ‘3. The following threshold amounts shall apply:
|
4. |
Article 13 is amended as follows:
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5. |
in Article 15 the following sentence is added at the end of paragraph 4: ‘Article 30(1) and (2) shall apply accordingly.’; |
6. |
the following Article 16a is added: ‘Article 16a Call for expressions of interest 1. The ECB may apply a call for expressions of interest if it intends to award several contracts which cover the same or similar subject-matter. Unless specified otherwise in this Article, the procedure shall follow the restricted procedure rules. 2. For the purpose of establishing a list of suitable suppliers, the ECB shall publish a contract notice in the Official Journal of the European Union specifying as a minimum the subject of the contracts to be awarded, the eligibility and selection criteria and the deadline for receipt of applications to be considered for the first use of a list of suitable suppliers (hereinafter the list). 3. The list shall be valid for no more than four years from the date on which the contract notice is sent to the Office for Official Publications of the European Communities. A supplier may submit an application to be included in the list at any time during the period of validity of the list, with the exception of the last three months of that period. The application shall be accompanied by the documentation specified in the contract notice. To be considered for the first use of the list, suppliers shall submit their application within the deadline specified in the contract notice. 4. Following the receipt of applications, the ECB shall verify the eligibility of candidates and evaluate the applications against the selection criteria set out in the contract notice. The ECB shall include all candidates meeting the eligibility and selection criteria in the list. The ECB shall inform the candidates at the earliest possible opportunity of their inclusion in the list or of their rejection. 5. Suppliers included in the list shall inform the ECB without undue delay of any substantial changes affecting their eligibility or capacity to perform the contract. Moreover, suppliers included in the list may provide the ECB with updated or additional documentation, if they deem it necessary. 6. If the ECB intends to award a contract the estimated value of which is below the thresholds laid down in Article 4(3), it shall invite at least three or five suppliers included in the list, if available, to submit a tender in accordance with the procedure set out in Article 29. The ECB shall invite the suppliers who best meet the selection criteria set out in the contract notice in view of the contract to be awarded. 7. If the ECB intends to award a contract the estimated value of which exceeds the thresholds laid down in Article 4(3), it shall publish a simplified contract notice in the Official Journal describing the scope of this specific contract. Interested suppliers who are not yet included in the list may submit an application to be included in the list within the deadline specified in the simplified contract notice, which shall not be less than 15 days from the date on which the simplified contract notice is sent. Following evaluation of the applications received, the ECB shall invite at least five suitable suppliers included in the list to submit a tender provided that a sufficient number of suppliers is available. The ECB shall select the suppliers who best meet the selection criteria set out in the contract notice in view of the contract to be awarded. Article 12(4) and (5) shall apply accordingly. 8. In the cases described in paragraphs 6 and 7, the ECB may request the suppliers included in the list to provide updated information and documentation relevant for the fulfillment of the eligibility and selection criteria.’; |
7. |
Article 21(2) is replaced by the following: ‘2. If candidates or tenderers consider that the ECB’s requirements laid down in the contract notice, the invitation to tender or supporting documents are incomplete, inconsistent or illegal or that the ECB or another candidate/tenderer has infringed the applicable procurement rules, they shall notify their concerns to the ECB in writing without undue delay. The time limit shall start to run from the moment they become aware of the irregularity or could reasonably have become aware of it. The ECB may then either correct or supplement the requirements or remedy the irregularity as requested, or reject the request indicating the reasons therefor. Objections which were not communicated to the ECB without undue delay may not be raised at a later stage.’; |
8. |
Article 24 is amended as follows:
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9. |
Article 28(2) is replaced by the following: ‘2. The notification shall be sent at least 10 days prior to the signature of the contract by the ECB if the notification is sent by fax or electronic means, or at least 15 days prior to the signature of the contract if other means of communication are used.’; |
10. |
Article 29 is amended as follows:
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Article 2
Entry into force
1. This Decision shall enter into force on 1 March 2009.
2. Tender procedures started before the entry into force of this Decision shall be completed in accordance with the original provisions of Decision ECB/2007/5. For the purpose of this provision a tender procedure is deemed to be started on the day on which the contract notice was sent to the Official Journal of the European Union or, in cases where no such notice is required, on the day when the ECB invited one or several suppliers to submit a tender.
Done at Frankfurt am Main, 27 January 2009.
The President of the ECB
Jean-Claude TRICHET
(1) OJ L 80, 18.3.2004, p. 33.
(2) OJ L 134, 30.4.2004, p. 114.
(3) OJ L 317, 5.12.2007, p. 34.
(4) OJ L 184, 14.7.2007, p. 34.