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Order Eha/3875/2007, Of 27 December, Which Are Made Public The Limits Of Various Types Of Contracts For The Purposes Of The Administrative Contracting As Of January 1, 2008.

Original Language Title: ORDEN EHA/3875/2007, de 27 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 2008.

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TEXT

The additional provision of the Law on Public Administration Contracts, recast text approved by Royal Decree-Law 2/2000 of 16 June, provides that the figures to be fixed by the European Commission and published by the Order of the Minister of Finance, will replace those contained in the text of the same. In the same way, the third final provision of Law 48/98 of 30 December 1998 on procurement procedures in the water, energy, transport and telecommunications sectors, which is incorporated into the the Spanish legal order Directives 93 /38/EEC and 92 /13/EEC, in respect of the updating of those figures, rules in force until the date of "vacatio legis" of the Law 30/2007 of 30 October of Contracts of the Public Sector, and 31/2007 of 30 October on the procedure for the award of contracts in the water sectors, the energy, transport and postal services. The additional provisions of Law 30/2007 and the third final provision of Law 31/2007 are in the same sense as the updating of the above figures. Thus, this Order is designed to be applied both to the current regulatory block of public procurement and special sectors, during the first four months of the financial year 2008, and then to the new regulation of the procurement, already approved and published in the "Official State Gazette", but will not enter into force until May 2008. Published in the Official Journal of the European Union No L 317 of 5 December 2007, Commission Regulation No 1422/2007 of 4 December 2007 amending Directives 2004 /17/EC and 2004 /18/EC of the European Parliament and the Council as regards the thresholds for application in the procedures for the award of contracts, without prejudice to the direct effect of such a Regulation on the Commission provided for in Article 249 of the Treaty Establishing the European Community, the promulgation of this Order allows a general knowledge of the thresholds which, as amended by those laid down in those Directives, must be applied in order to determine the contracts affected by them, thus avoiding any possible causes of infringement of the Directives in particular in the (i) 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 2008, by the European Commission and to indicate the figures to be included in the respective provisions of the Law on Contracts of Administrations. Public, the recast of which was approved by the Royal Legislative Decree 2/2000 of 16 June of Law 48/98 of 30 December on procurement procedures in the water, energy, transport and telecommunications sectors, of Law 30/2007, of 30 October, of public sector contracts, and of Law 31/2007 of 30 October, on the procedure for the award of contracts in the water, energy, transport and postal services sectors. This Order is issued after a report of the Advisory Board of Administrative Contracting, on the proposal of the General Directorate of the State Heritage. In its virtue, I have:

Article 1. Incorporation of the limits for the effects of the recast of the Law on Public Administration Contracts, approved by Royal Decree-Law 2/2000 of 16 June, and Law 48/98 of 30 December on the procurement procedures in the water, energy, transport and telecommunications sectors.

As of January 1, 2008, the figures given in the Law on Public Administration Contracts, recast text approved by Royal Legislative Decree 2/2000 of 16 June, and in the text of Law 48/98, of 30 of In December the Commission adopted a proposal for a Council Directive on the application of the rules of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament Commission Regulation (EC) No 1422/2007 of 4 December 2007 amending 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, in the following terms: The figure of 5,278,227 euros for the one of 5,150,000 euros, in the Article 2.1 of the Law on Contracts of Public Administrations.

The figure of 5,278,227 euros for that of 5,150,000 euros, in Articles 135.1, 140.2, 152.1 and 237.2, letter a), of the Law of Contracts of Public Administrations and in Article 8.2, letter c) of Law 481998, of December 30. The figure of 211,129 euros for the 206,000 euros, in article 2.1 of the Law of Contracts of Public Administrations. The figure of EUR 211,129 for the EUR 206,000, in Articles 177.2 and 203, 2 (c) of the Law on Public Administration Contracts. The figure of EUR 137,234 for the EUR 133,000, in Articles 177.2 and 203.2 (b) of the Law on Contracts of Public Administrations. The figure of EUR 422,258 for that of EUR 412,000, in Articles 8.2 (a) and 38.1 (b) of Law 48/98 of 30 December 1998.

Article 2. Incorporation of the limits for the purposes of the recast of Law 30/2007, of October 30, of Public Sector Contracts, and of Law 31/2007, of October 30, on the procedure for the award of contracts in the water, energy, transport and postal services sectors.

As of 1 January 2008 and with the effect of the entry into force of Law 30/2007 of 30 October, of public sector contracts, and of Law 31/2007 of 30 October on the procedure for the award of contracts in the sectors of water, energy, transport and postal services, the figures set out in the articles to be expressed should be replaced by those laid down in Commission Regulation No 1422/2007 of 4 December 2007, amending Directives 2004 /17/EC and 2004 /18/EC of the European Parliament and of the Council on concerns the thresholds for application in the procedures for the award of contracts, in the following terms: the figure of 5,278,000 euro for that of EUR 5,150,000, in Articles 125.1.a), 14.1, 24.1, 250.2 and Transitional Provision 7. 2 of the Law on Public Sector Contracts and Article 16.b) of Law 31/2007 of 30 October.

The figure of 211,000 euros for that of 206,000 euros, in article 15.b), 16.b), 17.b), 37.1, 38.1, 121.1, 138.1, and Transitional Provision 7. 1 b) and 2 of the Law on Public Sector Contracts. The figure of 137,000 euros for that of 133,000 euros, in article 15.1.a), of the Law of Public Sector Contracts.

The figure of 422,000 euros for that of 412,000 euros, in Articles 16.a) and 95, of Law 31/2007, of October 30.

Madrid, December 27, 2007. -Deputy Prime Minister of the Government and Minister of Economy and Finance, Pedro Solbes Mira.