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Order Eha / 3497/2009 Of 23 December, Which Made Public The Limits Of The Various Types Of Contracts For The Purposes Of Government Procurement From 1 January 2010.

Original Language Title: Orden EHA/3497/2009, de 23 de diciembre, por la que se hacen públicos los límites de los distintos tipos de contratos a efectos de la contratación administrativa a partir del 1 de enero de 2010.

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TEXT

Additional provision 14 of Law 30/2007 of 30 October of Public Sector Contracts provides that the figures which are to be fixed by the European Commission will replace those contained in the text of the and that the Ministry of Economy and Finance will take appropriate measures to ensure its publicity.

In the same sense, the third final provision of the Law on procurement procedures in the water, energy, transport and postal services sectors, Law 31/2007 of 30 October, is determined in the same direction. the figures to be fixed by the European Commission, and published in the order of the Minister for Economic Affairs and Finance, in respect of contracts covered by Directive 2004 /17/EC, shall replace those contained in the text of that Act.

The publication in the Official Journal of the European Union L 314, dated 1 December 2009, of Commission Regulation (EC) No 1177/2009 of 30 November 2009 amending, inter alia, the Directives 2004 /17/EC and 2004 /18/EC of the European Parliament and of the Council as regards the thresholds for application in the procedures for the award of contracts, it advises, without prejudice to the direct effect of such a Regulation on in accordance with Article 249 of the Treaty establishing the European Community, the promulgation of this order in order to enable the general knowledge of the thresholds which, as amended by those laid down in the said Directives, must apply from 1 January 2010 in respect of the contracts concerned by (i) the same, avoiding in such a way that possible causes of infringement of the Directives are raised, especially as regards the application of Community funds for the financing of the relevant contracts.

It is therefore appropriate to incorporate into the Spanish legislation the limits set, as from 1 January 2010, by the European Commission and to indicate the figures to be included in the respective provisions of the Law on Contracts of Public Sector and the Law on procurement procedures in the water, energy, transport and postal services sectors.

In its virtue, prior to the report of the Advisory Board of Administrative Contracting, on a proposal from the General Directorate of the State Heritage, I have:

Single item.

As of 1 January 2010, the figures set out in Law 30/2007 of 30 October of Contracts of the Public Sector and Law 31/2007 of 30 October on procedures for the award of contracts in the sectors of water, energy, transport and postal services, in the articles set out below, should be replaced by those laid down in Commission Regulation (EC) No 1177/2009 of 30 November 2009, which is to be replaced by the following: amend, inter alia, Directives 2004 /18/EC and 2004 /17/EC of the European Parliament and of the Council on concerns the application thresholds in the procedures for the award of contracts, in the following terms:

The figure of 5,150,000 euros for that of 4,845,000 euros, in Articles 14.1, 17.1.a), 24.1, 125.1.a), 250.2 and transitional provision 7. ª, first paragraph b) and second of Law 30/2007 and in article 16.b) of the Law 31/2007.

The figure of EUR 206,000 for that of EUR 193,000, in Article 15.1.b), 16.1.b), 17.1.b), 37.1, 38.1, 121.1, 138.3 and transitional provision 7. first, point (b) and second of Law 30/2007.

The figure of 133,000 euros for that of 125,000 euros in article 15.1.a) and 16.1.a) of Law 30/2007.

The figure of EUR 412,000, of EUR 387,000, in Articles 16.a) and 95.1 and 2 of Law 31/2007.

Madrid, December 23, 2009. -Vice-President-in-Office of the Government and Minister of Economy and Finance, Elena Salgado Méndez.