TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER IScope and definitions

Section 4Specific situations

Subsection 1Subsidised contracts and research and development services

Article 13Contracts subsidised by contracting authorities

This Directive shall apply to the awarding of the following contracts:

  1. (a)

    works contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 5 186 000, where those contracts involve one of the following activities:

    1. (i)

      civil engineering activities as listed in Annex II,

    2. (ii)

      building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings used for administrative purposes;

  2. (b)

    service contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which, net of VAT, is equal to or greater than EUR 207 000 and which are connected to a works contract as referred to in point (a).

The contracting authorities providing the subsidies referred to in points (a) and (b) of the first subparagraph shall ensure compliance with this Directive where they do not themselves award the subsidised contract or where they award that contract for and on behalf of other entities.