‘Subcontract’ in directives 2009/81/EC, 2004/17/EC, 2004/18/EC:
A contract for pecuniary interest concluded in writing betw. a successful tenderer for a contract and one or more economic operators for the purposes of carrying out that contract and having as its object works, supplies of products or the performance of services
Does it mean?:
A PO by the contracted Economic Operator to a repair facility (sub-tier supplier/vendor) in the contracted Economic Operator's supply chain for the provision of repair/overhaul work on an engine accessory as a separate individual work element in the contracted Economic Operator's complete engine overhaul work package does not amount to the establishment of a subcontract as defined in 2009/81/EC
Reply:
If a work is performed by an entity part of the main Economic Operator's organization (the Customer has the contract with) with whom the main Economic Operator does not have a separate contract with, this entity is not considered as subcontractor.