Article 12

1. This Directive shall apply to contracts whose estimated value, net of VAT, is not less than: (a)ECU 400 000 in the case of supply contracts awarded by entities exercising an activity defined in Article 2 (2) (a), (b) and (c); (b)ECU 600 000 in the case of supply contracts awarded by entities exercising an activity defined in Article 2 (2) (d); (c)ECU 5 million in the case of works contracts. 2. In the case of supply contracts for lease, rental or hire-purchase, the basis for calculating the contract value shall be: (a)in the case of fixed-term-contracts, where their term is 12 months or less, the estimated total value for the contract's duration, or, where their term exceeds 12 months, the contract's total value including the estimated residual value; (b)in the case of contracts for an indefinite period or in cases where there is doubt as to the duration of the contracts, the anticipated total instalments to be paid in the first four years. 3. Where a proposed supply contract expressly specifies option clauses, the basis for calculating the contract value shall be the highest possible total purchase, lease, rental or hire-purchase permissible, inclusive of the option clauses. 4. In the case of a procurement of supplies over a given period by means of a series of contracts to be awarded to one or more suppliers or of contracts which are to be renewed, the contract value shall be calculated on the basis of: (a)the total value of contracts which had similar characteristics awarded over the previous fiscal year or 12 months, adjusted where possible for anticipated changes in quantity or value over the subsequent 12 months; (b)or the aggregate value of contracts to be awarded during the 12 months following the first award or during the whole term of the contract, where this is longer than 12 months. 5. The basis for calculating the value of a framework agreement shall be the estimated maximum value of all the contracts envisaged for the period in question. 6. The basis for calculating the value of a works contract for the purposes of paragraph 1 shall be the total value of the work. Work shall mean the building and engineering activities taken as a whole that are intended to fulfil an economic function by themselves. In particular, where a supply or work is the subject of several lots, the value of each lot shall be taken into account when assessing the value referred to in paragraph 1. Where the aggregate value of the lots equals or exceeds the value laid down in paragraph 1, that paragraph shall apply to all the lots. However, in the case of works contracts, contracting entities may derogate from paragraph 1 in respect of lots whose estimated value net of VAT is less then ECU 1 million, provided that the aggregate value of those lots does not exceed 20 % of the overall value of the lots. 7. For the purposes of paragraph 1, contracting entities shall include in the estimated value of a works contract the value of any supplies or services necessary for the execution of the contract which they make available to the contractor. 8. The value of supplies which are not necessary for the execution of a particular works contract may not be added to that of the contract with the result of avoiding application of this Directive to the procurement of those supplies. 9. Contracting entities may not circumvent this Directive by splitting contracts or using special methods of calculating the value of contracts. TITLE II Technical specifications and standards

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Source: EUR-Lex (Cellar) · retrieved 2026-10-31 · Text as adopted (Official Journal); later amendments are not incorporated in this text.