Examples of Utilities Directive in a sentence
The procedures of the current Utilities Directive would also give sufficient flexibility for Member States to pursue value for money in the award of concession arrangements.
In this respect, both the Public Sector Directive and Utilities Directive cover contracting authorities39, but the Utilities Directive covers, in addition, “public undertakings” and entities (including private entities) that have special or exclusive rights to carry out one of the utility activities regulated by the directive40.
The main difference between the directives thus lies in the fact that the Utilities Directive covers certain private entities that have special or exclusive rights.
As regards the Utilities Directive, the combined provisions of Article 14 and Article 40(3)(i), which are substantially unchanged compared with Directive 93/38/EEC3, provide that contracts concluded under a framework agreement may be awarded by a procedure without a call for competition if the framework agreement has been concluded in accordance with the Utilities Directive.
With regard to the Utilities Directive and the other two directives there is, again, no justification for the differences that currently apply between the three different directives as regards exclusions.
This paragraph is no longer needed due to the fact that the transitional period for phasing-in the Utilities Directive for the postal sector has expired (cf.
In Civil Engineering works these are large Public Private Partnership (PPP) schemes which may be in the form of Design Build Finance Operate (DBFO) or Build Operate Transfer (BOT) schemes [4].With the other two new public procurement directives; 2014/25/EU replaces the previous Utilities Directive and (2014/24/EU) replaces the 2004 version of the Public Procurement Regulations.
However, although the definitions are almost identical, the legal frameworks applicable to framework agreements in the Utilities Directive and the Classic Directive, respectively, are very different.
Utilities Directive: Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, OJ L 134, 30.4.2004, p.
The relevance of the category “public undertakings” under the Utilities Directive has been reduced41 by the fact that “contracting authority” has been interpreted broadly to include entities that supply goods or services to a market except where these operate on a wholly commercial basis42 combined with the fact that entities that carry out utility activities on a commercial basis are largely exempt anyway from the directives43.