Commission Delegated Regulation (EU) 2025/2487 of 2 December 2025 amending Directive 2009/81/EC of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (1), and in particular Article 68(1), second subparagraph, thereof,

Whereas:

(1) By Decision 2014/115/EU (2), the Council approved the Protocol amending the Agreement on Government Procurement (3) concluded in the framework of the World Trade Organization. The amended Agreement on Government Procurement (‘the Agreement’) is a plurilateral instrument and its purpose is to mutually open government procurement markets among its parties. The Agreement applies to any procurement contract with a value that reaches or exceeds the amounts set therein (‘thresholds’) expressed as special drawing rights.

(2) In accordance with Article 68(1) of Directive 2009/81/EC, the thresholds laid down in that Directive are to be aligned to the thresholds laid down in Article 15, points (a) and (b), of Directive 2014/25/EU of the European Parliament and the Council (4) after the latter have been revised, where necessary, to correspond to the thresholds set out in the Agreement. The thresholds laid down in Directive 2014/25/EU have been revised by Commission Delegated Regulation (EU) 2025/2150 (5).

(3) In accordance with Article 17(1) of Directive 2014/25/EU, the Commission is to revise the thresholds laid down in Article 15, points (a) and (b), of that Directive every two years, with the effect from 1 January. Hence, the thresholds for the years 2026-2027 set out in this Regulation should apply as from 1 January 2026.

(4) The data necessary for the calculation of the thresholds were not available by 1 September 2025. In accordance with Article 68(3) of Directive 2009/81/EC, the revised thresholds in euro and their corresponding values in other national currencies of the Member States are to be published by the Commission in the Official Journal of the European Union at the beginning of November. In view of the above, the Commission makes recourse to the urgency procedure provided for in Article 66b of that Directive.

(5) Directive 2009/81/EC should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Article 8 of Directive 2009/81/EC is amended as follows:

(1) in point (a), ‘EUR 443 000’ is replaced by ‘EUR 432 000’;

(2) in point (b) ‘EUR 5 538 000’ is replaced by ‘EUR 5 404 000’.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaties.

Done at Brussels, 2 December 2025.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 216, 20.8.2009, p. 76, ELI: http://data.europa.eu/eli/dir/2009/81/oj.

(2) Council Decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement (OJ L 68, 7.3.2014, p. 1), ELI: http://data.europa.eu/eli/dec/2014/115(1)/oj.

(3) OJ L 68, 7.3.2014, p. 2, ELI: http://data.europa.eu/eli/prot/2014/115/oj.

(4) 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 (OJ L 94, 28.3.2014, p. 243, ELI: http://data.europa.eu/eli/dir/2014/25/oj).

(5) Commission Delegated Regulation (EU) 2025/2150 of 22 October 2025 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the thresholds for supply, service and works contracts, and design contests for the years 2026-2027 (OJ L, 2025/2150, 23.10.2025, ELI: http://data.europa.eu/eli/reg_del/2025/2150/oj).