Brussels, 15.2.2013 SWD(2013) 53 final COMMISSION STAFF ...

Against this background, if a contracting authority or entity decides to award a publicservice or a service contract, the contract will fall within the scope of Directive2004/18/EC or Directive 2004/17/EC only if the relevant threshold amounts for theapplication of the Directive are met 10 . However, social services and health contracts arenot subject to all the provisions of Directive 2004/18/EC or Directive 2004/17/EC 11 ; theyare subject only to a very limited number of them 12 , and to the fundamental principles ofEU law, such as the requirement to treat all economic operators in an equal andnon-discriminatory manner and the principle of transparency.Public service and service contracts 13 whose value is below the application thresholds ofthe Public Procurement Directives and service concessions (regardless of their amount)fall outside the scope of the Public Procurement Directives and are subject only to thefundamental principles of the TFEU (non-discrimination, equal treatment, transparency,etc.) in so far as the contracts have a certain cross-border interest. In the absence of acertain cross-border interest, the contracts also fall outside the scope of the TFEU 14 .This guide seeks to provide greater clarification as to the conditions and arrangementsfor applying the rules on public procurement to SSGIs, by addressing all the issues raisedmost frequently in questions, such as the provision of services by an in-houseorganisation or as part of cooperation between public authorities, public-private sectorpartnerships, service concessions and the scope of the fundamental principles of theTFEU.It aims also to provide a more detailed explanation of the many options available topublic authorities when it comes to taking account in their public procurement of thespecific features of SSGIs, in particular of all the qualitative requirements that theyconsider appropriate to meet the complex needs of users. We hope that theseclarifications will answer the questions asked on this subject by the differentstakeholders and will support and provide greater encouragement to public authoritiesendeavouring to ensure that citizens enjoy high-quality social services.The Commission has adopted its proposal for new public procurement rules on20.12.2011 15 . It is planned to update the public procurement section of this guide oncethe new public procurement rules have been adopted in order to bring it in line with thenew provisions.101112131415Article 7 of Directive 2004/18/EC.Social services and health services are among the services listed in Annex II B to Directive 2004/18/EC.Contracts for such services are subject only to a limited number of provisions of the Directive (on thedistinction between the services listed in Annexes II A and II B, see Articles 20 and 21 of Directive2004/18/EC). Annex II B also includes an explicit reference to social services and health services. Thecodes referred to therein may be consulted on the DG Internal Market website at www.simap.europa.eu.The technical specifications must be laid down at the start of the procurement process, and the results ofthe tendering process must be published, as required by Article 23 of Directive 2004/18/EC read inconjunction with Articles 23 and 35(4) of Directive 2004/18/EC.Irrespective of the nature of the services.See Commission Interpretative Communication on the Community law applicable to contract awardsnot or not fully subject to the provisions of the Public Procurement Directives (2006), OJ 1.8.2006, C179, page 2.Proposal for a Directive of the European Parliament and of the Council on public procurement,COM/2011/0896 final; Proposal for a Directive of the European Parliament and of the Council onprocurement by entities operating in the water, energy, transport and postal services sectors,COM/2011/0895 final; Proposal for a Directive of the European Parliament and of the Council on theaward of concession contracts, COM/2011/0897 final.20