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Order Hap/2425/2013, December 23, Which Are Published The Boundaries Of The Different Types Of Contracts For The Purposes Of Recruitment In The Public Sector From 1 January 2014.

Original Language Title: Orden HAP/2425/2013, de 23 de diciembre, por la que se publican los límites de los distintos tipos de contratos a efectos de la contratación del sector público a partir del 1 de enero de 2014.

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TEXT

The additional eleventh provision of the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, provides that the figures which are to be fixed by the Commission They will replace those contained in the text of the text and the Ministry of Economic Affairs and Finance will take appropriate measures to ensure their publicity.

In the same sense, the third final provision of Law 31/2007 of 30 October on procurement procedures in the water, energy, transport and postal services sectors is determined in the same sense as the figures. they are subsequently 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.

This is also provided for in the second provision of Law No 24/2011 of 1 August of public sector contracts in the fields of defence and security, which states that the figures to be set out below the European Commission to determine the contracts subject to harmonised regulation will replace those contained in the text of this Law. The Ministry of Economy and Finance shall take appropriate measures to ensure their publicity and shall in any case be published in the official journals concerned.

The publication in the Official Journal of the European Union No L 335/17 of 14 December 2013 of Commission Regulation (EU) No 1336/2013 of 13 December 2013 amending the Directives 2004 /17/EC, 2004 /18/EC and 2009 /81/EC, of the European Parliament and of the Council, as regards their application thresholds in respect of procedures for the award of contracts, it advises, without prejudice to the direct effect of such an application, Regulation, in accordance with Article 288 of the Treaty on the Functioning of the European Union, the promulgation of that order in order to enable the general knowledge of the thresholds which, as amended by those laid down in those Directives, are to apply from 1 January 2014 in respect of the contracts concerned by avoiding such cases as to avoid possible causes of infringement of the Directives, in particular 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 2014, by the European Commission and to indicate the figures to be included in the respective precepts of the recast of the Law. Public Sector Contracts, the Law on procurement procedures in the water, energy, transport and postal services sectors, as well as the Law on Public Sector Contracts in the fields of defence and public procurement. security.

The ratings to the Minister of Economy and Finance contained in the aforementioned rules should be understood as currently being made to the Minister of Finance and Public Administrations, in accordance with Royal Decree 1823/2011 of 21 December 2011. on the restructuring of the ministerial departments.

In its virtue, I have:

Single item. Modification of thresholds for the purposes of application of procurement procedures.

As of 1 January 2014, the figures given in the recast text of the Law on Public Sector Contracts, adopted by Royal Legislative Decree 3/2011 of 14 November, in Law 31/2007 of 30 October, on procedures for the award of contracts in the water, energy, transport and postal services sectors, and in Law 24/2011 of 1 August of public sector contracts in the fields of defence and security, in the field of public health, Articles as set out below should be replaced by those set out in Regulation (EU) No Commission Regulation (EC) No 1336/2013 of 13 December 2013 amending Directives 2004 /17/EC, 2004 /18/EC and 2009 /81/EC of the European Parliament and of the Council as regards their application thresholds in respect of award of contracts, in the following terms:

" 1. Regarding the recast of the Public Sector Contracts Law:

(a) The figure of 5,000,000 euro for that of 5,186,000 euros, in Articles 14.1; 17.1.a); 24.1, 141.1.a) and 274.2.

(b) The figure of EUR 200,000 for that of EUR 207,000, in Articles 15.1.b); 16.1.b); 17.1.b); 21.1; 37.1; 40.1.b); 137.1 and 154.3

(c) The figure of EUR 130,000 for the EUR 134,000 in Articles 15.1.a) and 16.1.a).

2. With regard to Law 31/2007:

(a) The figure of 5,000,000 euros for the figure of 5,186,000 euros in Article 16 (b).

(b) The figure of EUR 400,000 for the EUR 414,000, in Articles 16.a) and 95.1 and 2.

3. With regard to Law 24/2011:

(a) The figure of EUR 400,000 for the EUR 414,000, in Article 5 (a).

(b) The figure of 5,000,000 euros for the figure of 5,186,000 euros in Article 5 (b). "

Madrid, 23 December 2013.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.