This document is an excerpt from the EUR-Lex website
Document 32016D0017(01)
Decision (EU) 2016/956 of the European Central Bank of 7 June 2016 amending Decision (EU) 2016/245 (ECB/2016/2) laying down the rules on procurement (ECB/2016/17)
Decision (EU) 2016/956 of the European Central Bank of 7 June 2016 amending Decision (EU) 2016/245 (ECB/2016/2) laying down the rules on procurement (ECB/2016/17)
Decision (EU) 2016/956 of the European Central Bank of 7 June 2016 amending Decision (EU) 2016/245 (ECB/2016/2) laying down the rules on procurement (ECB/2016/17)
OJ L 159, 16.6.2016, p. 21–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
16.6.2016 |
EN |
Official Journal of the European Union |
L 159/21 |
DECISION (EU) 2016/956 OF THE EUROPEAN CENTRAL BANK
of 7 June 2016
amending Decision (EU) 2016/245 (ECB/2016/2) laying down the rules on procurement (ECB/2016/17)
THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 thereof,
Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (1), and in particular Article 19 thereof,
Whereas:
(1) |
For the sake of clarity, some of the rules laid down in Decision (EU) 2016/245 of the European Central Bank (ECB/2016/2) (2) need to be refined further. |
(2) |
Therefore, Decision (EU) 2016/245 (ECB/2016/2) should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Amendments
Decision (EU) 2016/245 (ECB/2016/2) is amended as follows:
1. |
in Article 8, paragraph 2 is replaced by the following: ‘2. The ECB may order from the initial contractor additional products, services or works, irrespective of their value, provided that the necessary amendments to the initial contract are not substantial. Amendments shall be considered substantial if they change the overall nature of the contract, in particular where one or more of the following conditions are met:
Amendments shall be considered not to be substantial in any circumstances if their cumulative value remains below (a) the relevant threshold set out in Article 4(3), and (b) 10 % of the initial contract value for supply and service contracts or 15 % of the initial contract value for works contracts.’; |
2. |
in Article 11, the last sentence of paragraph 3 is deleted; |
3. |
in Article 12, the last sentence of paragraph 4 is deleted; |
4. |
in Article 24, paragraph 1 is deleted; |
5. |
in Article 30, paragraph 7 is replaced by the following: ‘7. Where a candidate or tenderer, or an undertaking related to a candidate or tenderer, has been involved in the preparation of a procurement procedure, for example by advising on the procurement strategy or developing specifications, the ECB shall take appropriate measures to ensure that competition is not distorted by the participation of that candidate or tenderer. The ECB may exclude the candidate or tenderer concerned from the procedure, if this is necessary for that purpose. Prior to exclusion, the candidate or tenderer shall be given the opportunity to prove that their previous involvement does not distort competition.’; |
6. |
in Article 35, point 3 is replaced by the following:
|
7. |
in Article 35, point 4 is replaced by the following:
|
8. |
in Article 41, the first sentence of paragraph 2 is replaced by the following: ‘Tender procedures that were started before the entry into force of this Decision shall be completed in accordance with Decision ECB/2007/5.’. |
Article 2
Entry into force
This Decision shall enter into force on 1 July 2016.
Done at Frankfurt am Main, 7 June 2016.
The President of the ECB
Mario DRAGHI
(1) OJ L 80, 18.3.2004, p. 33.
(2) Decision (EU) 2016/245 of the European Central Bank of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (OJ L 45, 20.2.2016, p. 15).