The European Central Bank (ECB) published in the Official Journal of the European Union on 9 September 2010 Decision BCE/2010/8 amending some aspects of the Rules on Procurement. The changes introduced by the Bank affect, in general terms, to the compliance to new thresholds in public procurement, as well as certain aspects related to certain purchases and the Bank's relationships with national central banks and other authorities.

The thresholds for public tender procedures laid down in Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts were changed by Commission in November 2009 by Regulation (EC) Nº 1177/2009. The European Central Bank (ECB), although not subject to this Directive, has considered advisable to apply the same thresholds for its public tender procedures.

New thresholds applied by ECB on public procurement procedures will therefore be:

• 193.000 Euro for supply and service contracts
• 4.845.000 Euro for works contracts

Besides, the Bank considers that research and development contracts in the field of banknote security require special security measures and can therefore not be put out to tender. For that reason, the Bank has introduced specific exception for those contracts, amending the previous rules. In this regard, research and development contracts in the field of banknote security do not include contracts for the pilot printing of Euro banknotes.

Furthermore, and following recent judgements of the Court of Justice of the European Union, the time limit for raising objections to the ECB’s requirements is being refined under these amendments. The Decision now establishes that if candidates or tenderers consider that the ECB’s requirements laid down in the contract notice, the invitation to tender or supporting documents are incomplete, inconsistent or illegal or that the ECB or another candidate or tenderer has infringed the applicable procurement rules, they will have to notify their objections to the ECB within 15 days. If the irregularities affect the invitation to tender or other documents sent by the ECB, the time limit will start to run from the date of receipt of the documentation. In other cases, the time limit will start to run from the moment the candidates or tenderers become aware of the irregularity or could reasonably have become aware of it. Objections which are not communicated to the ECB within 15 days may not be raised at a later stage.

The Bank also considers that it is necessary to clarify that the exemptions for cooperation agreements between the ECB and national central banks (NCBs) and cooperation agreements between the ECB and other Union institutions and bodies, international organisations or government agencies not only cover cooperation in the fulfilment of public tasks, but also auxiliary services for the fulfilment of public tasks.

This Decision will enter into force on 1 October 2010, and establishes that public procurement procedures started before this date will be completed in accordance with the previous provisions in force at the date when the tender procedure started.