Since 1 January 2016, there are new (higher) thresholds in place affecting the obligation on contracting authorities to advertise public procurements in the Official Journal of the European Union. The thresholds are reviewed every two years, the last review being in December 2013.
The new thresholds for public procurement not in the utilities sectors are as follows:
- €5,225,000 for contracts for works;
- €209,000 for contracts for supplies;
- However, the amount is €135,000 for federal contracting authorities, as mentioned in Appendix 2 of the Royal Decree of 15 July 2011, and, with regard to defence, only for the products mentioned in that Appendix 2;
- €209,000 for contracts for services;
- However, the amount is €135,000 for federal contracting authorities as mentioned in the same Appendix[1].
In the utilities sectors, the new thresholds are as follows:
- €5,225,000 for contracts for works;
- €418,000 for contracts for supplies;
- €418,000 for contracts for services.
To summarize, the new thresholds are as follows:
| | Old thresholds (VAT excluded) | Thresholds since 1 January 2016 (VAT excluded) |
| Not in the utilities sectors | W: €5,186,000
F/S (rule): €207,000
S/S (exceptions): €134,000 | W: €5,225,000
S/S (rule): €209,000
S/S (exceptions): €135,000 |
| In the utilities sectors (art. 32 of Royal Decree of 16/07/2012 & art. 22 of Royal Decree of 24/06/2013) | W: €5,186,000
S/S: €414,000 | W: €5,225,000
S/S: €418,000
|
These new thresholds are effective as of 1 January 2016 for public procurement and public works concessions for which:
- an advertising notification has been sent to the Official Journal of the European Union or to the Belgian “Bulletin des Adjudications”;
- if there is no prior advertising obligation, the invitation for economic operators to submit a tender or put themselves forward as candidates is effective as of this date.
[1] Unless the contract for services relates to telecommunication services (category 5 of Appendix II, A, of the Act of 15 June 2006, more specifically regarding broadcast (TV and radio) services, interconnection services and integrated telecommunication, which are in categories 7524 to 7526 of the CPC classification) and to research and development services (category 8 of Appendix II, A, of the Act of 15 June 2006); in these cases, the threshold remains at €209,000.
Social Media cookies collect information about you sharing information from our website via social media tools, or analytics to understand your browsing between social media tools or our Social Media campaigns and our own websites. We do this to optimise the mix of channels to provide you with our content. Details concerning the tools in use are in our Privacy Notice.