Defined terms — DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (Text with EEA relevance)
European Union · 32014L0025 · 1460 provisions
36 defined in this instrument, 1 borrowed from other acts.
a work — the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function (3)
affiliated undertaking — any undertaking the annual accounts of which are consolidated with those of the contracting entity in accordance with the requirements of the Directive 2013/34/EU 1.
ancillary purchasing activities — activities consisting in the provision of support to purchasing activities, in particular in the following forms:
technical infrastructure enabling contracting entities to award public contracts or to conclude framework agreements for works, supplies or services;
advice on the conduct or design of procurement procedures;
preparation and management of procurement procedures on behalf and for the account of the contracting entity concerned (11)
Bodies governed by public law — bodies that have all of the following characteristics:
they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;
they have legal personality; and
they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those authorities or bodies; or which have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law 4.
candidate — an economic operator that has sought an invitation or has been invited to take part in a restricted or negotiated procedure, in a competitive dialogue or in an innovation partnership (8)
central purchasing body — a contracting entity within the meaning of Article 4(1) of this Directive or a contracting authority within the meaning of point 1 of Article 2(1) of Directive 2014/24/EU providing centralised purchasing activities and, possibly, ancillary purchasing activities. Procurement carried out by a central purchasing body in order to perform centralised purchasing activities shall be deemed to be procurement for the pursuit of an activity as described in Articles 8 to 14. Article 18 shall not apply to procurement carried out by a central purchasing body in order to perform centralised purchasing activities (12)
centralised purchasing activities — activities conducted on a permanent basis, in one of the following forms:
the acquisition of supplies and/or services intended for contracting entities,
the award of contracts or the conclusion of framework agreements for works, supplies or services intended for contracting entities (10)
common technical specification — a technical specification in the field of ICT laid down in accordance with Articles 13 and 14 of Regulation (EU) No 1025/2012 (4)
contracting authorities — State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law 1.
design contests — those procedures which enable the contracting entity to acquire, mainly in the fields of town and country planning, architecture, engineering or data processing, a plan or design selected by a jury after being put out to competition with or without the award of prizes (17)
economic operator — any natural or legal person, or a contracting entity, or a group of such persons and/or entities, including any temporary association of undertakings, which offers the execution of works and/or a work, the supply of products or the provision of services on the market (6)
electronic means — electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means (15)
European standard — a standard adopted by a European standardisation organisation and made available to the general public (b)
European Technical Assessment — the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective European Assessment Document, as defined in point 12 of Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council ( 19 ) (3)
in writing — any expression consisting of words or figures which can be read, reproduced and subsequently communicated, including information transmitted and stored by electronic means (14)
innovation — the implementation of a new or significantly improved product, service or process, including but not limited to production, building or construction processes, a new marketing method, or a new organisational method in business practices, workplace organisation or external relations, inter alia, with the purpose of helping to solve societal challenges or to support the Europe 2020 strategy for smart, sustainable and inclusive growth (18)
international standard — a standard adopted by an international standardisation organisation and made available to the general public (a)
label — any document, certificate or attestation confirming that the works, products, services, processes or procedures in question meet certain requirements (19)
label requirements — the requirements to be met by the works, products, services, processes or procedures in question in order to obtain the label concerned (20)
life cycle — all consecutive and/or interlinked stages, including research and development to be carried out, production, trading and its conditions, transport, use and maintenance, throughout the existence of the product or the works or the provision of the service, from raw material acquisition or generation of resources to disposal, clearance and end of service or utilisation (16)
media service providers — borrowed from another act; this instrument states no meaning of its own Article 21
national standard — a standard adopted by a national standardisation organisation and made available to the general public (c)
other services than postal services — services provided in the following areas:
mail service management services (services both preceding and subsequent to despatch, including mailroom management services);
services concerning postal items not included in point (a), such as direct mail bearing no address (c)
postal item — an item addressed in the final form in which it is to be carried, irrespective of weight. In addition to items of correspondence, such items also include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight (a)
postal services — services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC (b)
procurement document — any document produced or referred to by the contracting entity to describe or determine elements of the procurement or the procedure, including the contract notice, the periodic indicative notice or the notices on the existence of a qualification system where they are used as a means of calling for competition, the technical specifications, the descriptive document, proposed conditions of contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documents (9)
procurement service provider — a public or private body, which offers ancillary purchasing activities on the market (13)
Public undertaking — any undertaking over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it 2.
service contracts — contracts having as their object the provision of services other than those referred to in point 2 (5)
special or exclusive rights — rights granted by a competent authority of a Member State by way of any legislative, regulatory or administrative provision the effect of which is to limit the exercise of activities defined in Articles 8 to 14 to one or more entities, and which substantially affects the ability of other entities to carry out such activity 3.
standard — a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following: (2)
supply contracts — contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A supply contract may include, as an incidental matter, siting and installation operations (4)
supply, works and service contracts — contracts for pecuniary interest concluded in writing between one or more contracting entities and one or more economic operators and having as their object the execution of works, the supply of products or the provision of services (1)
technical reference — any deliverable produced by European standardisation bodies, other than European standards, according to procedures adapted to the development of market needs (5)
technical specification — one of the following:
in the case of service or supply contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures;
in the case of works contracts, the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting entity; those characteristics include levels of environmental and climate performance, design for all requirements (including… (1)
tenderer — an economic operator that has submitted a tender (7)
works contracts — contracts having as their object one of the following:
the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex I;
the execution, or both the design and execution, of a work;
the realisation by whatever means of a work corresponding to the requirements specified by the contracting entity exercising a decisive influence on the type or design of the work (2)