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.
