### contracting authorities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors and environmental organisations , can participate , and that the label is accessible and available to all interested parties . ### contracting authorities that wish to purchase works , supplies or services with specific environmental , social or other characteristics should be able to refer to particular labels , such as the european eco - label , national eco - labels or any other label provided that the requirements for the label are linked to the subject - matter of the contract , such as the description of the product and its presentation , including packaging requirements . it is furthermore essential that these requirements are drawn up and adopted on the basis of objectively verifiable criteria , using a procedure in which stakeholders , such as government bodies , consumers , manufacturers , distributors , social organisations and environmental organisations , can participate , and that the label is accessible and available to all interested parties .


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### performance , including levels of environmental and climate performance and performance in terms of social impact ;


### for this purpose , contracting authorities may seek or accept advice from administrative support structures or from third parties or market participants , provided that such advice does not have the effect of precluding competition and does not result in a violation of the principles of non - discrimination and transparency . ### for this purpose , contracting authorities may seek or accept advice from administrative support structures or from third parties or market participants .


### the labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations , may participate , ### the labels , certificates or other assurance schemes are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental and social organisations , may participate ,


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to drive innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and promoting sustainable economic growth . an innovative procurement model is detailed in the commission ' s communication on pre - commercial procurement 1 . this model promotes the take up in the procurement of research and development services which do not fall within the scope of this directive . this model , which has been written into this directive , is recognised and will be available for all contracting authorities to consider . this directive should however contribute to facilitating the public procurement of innovation more generally , and help member states in achieving the innovation union targets . where a need for the development of an innovative product , service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market , contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this directive . this new procedure should allow contracting authorities to establish an innovation partnership for the development and subsequent purchase of new , innovative products , services or works , provided that these can be delivered to agreed performance levels and costs . the procedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender , which is the most suited to comparing tenders for innovative solutions . whether the innovation partnership concerns a very large project or a smaller project , it should be structured in such as a way that it can provide the necessary ' market pull ' , incentivising the development of innovative solutions without foreclosing the market . contracting authorities should therefore not misuse innovation partnerships to prevent , restrict or distort competition . __________________ 1 com 799 final : communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on pre - commercial procurement : driving innovation to ensure sustainable high quality public services in europe .


### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting authority should be entitled to reject the tender . rejection should be mandatory in cases where the contracting authority has established that the abnormally low price charged results from non - compliance with mandatory union legislation in the fields of social , labour or environmental law or international labour law provisions . ### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenders . where the tender cannot provide a sufficient explanation , the contracting authority should reject the tender . rejection should be mandatory also in cases where the contracting authority has established that abnormally low price charged results from non - compliance with national , international and european union legislation , in particular in the fields of social , labour or environmental law .


### the labels are accessible to all interested parties ; ### the labels , certificate or other assurance scheme , are accessible to all interested parties ;


### contracting authorities may authorise tenderers to submit variants . they shall indicate in the contract notice or , where a prior information notice is used as a means of calling for competition , in the invitation to confirm interest whether or not they authorise variants . variants shall not be authorised without such indication . ### contracting authorities shall authorise tenderers to submit variants .


### contracting authorities shall require economic operators to explain the price or costs charged , where all of the following conditions are fulfilled : ### contracting authorities shall require economic operators to explain the price or costs charged , where at least five tenders have been submitted or , alternatively :


### only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions . the contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 66 . ### only those economic operators invited by the contracting authority following its assessment of the requested information may submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be met by existing solutions .


### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where they have established that the tender does not comply , at least in an equivalent manner , with obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . ### contracting authorities may decide not to award a contract to the tenderer submitting the best tender where the tender does not comply with obligations established by union or national legislation , regulations and other binding provisions in the field of social and labour law or environmental law or collective agreements which apply in the place where the work , service or supply is performed or by the international social and environmental law provisions listed in annex xi and provided they are linked to the subject matter of the contract .


### member states shall put in place appropriate procedures for the award of contracts subject to this chapter , ensuring full compliance with the principles of transparency and equal treatment of economic operators and allowing contracting authorities to take into account the specificities of the services in question . ### member states shall put in place rules for the award of contracts subject to this chapter , taking into account principles of transparency and equal treatment of economic operators . the rules shall take into consideration the specificities of the services in question .


### not later than 48 days after the award of a contract or the conclusion of a framework agreement , contracting authorities shall send a contract award notice on the results of the procurement procedure . ### not later than 14 days after the award of a contract or the conclusion of a framework agreement , contracting authorities shall send a contract award notice on the results of the procurement procedure . in case of an incomplete or incoherent contract award notice , the commission will contact the contracting authority with the aim to receive completion or clarification of the contract award notice .


### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements - applicable during performance of the contract - to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation . ### contract performance conditions are compatible with this directive provided that they are not directly or indirectly discriminatory , are linked to the subject - matter of the contract and / or production , and are indicated in the contract notice , the prior information notice used as a means of calling for competition or the procurement documents . they may , in particular , be intended to favour on - site vocational training , the employment of people experiencing particular difficulty in achieving integration , the fight against unemployment , protection of the environment or animal welfare . for instance , mention may be made , amongst other things , of the requirements - applicable during performance of the contract - to recruit long - term job - seekers or to implement training measures for the unemployed or young persons , to comply in substance with fundamental international labour organisation conventions , in particular ilo convention 94 , even where such conventions have not been implemented in national law , and to recruit more disadvantaged persons than are required under national legislation .


### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the most economically , socially and environmentally advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter or the production of the subject - matter of the public contract in question , such as :


### ‘ standard’ means a technical specification approved by a recognised standardising body for repeated or continuous application , compliance with which is not compulsory and which falls into one of the following categories : ### ' standard ' means a technical specification established by consensus and approved by a recognised standardisation organisation for repeated or continuous use , with which compliance is not compulsory , and which falls into one of the following categories :


### contracting authorities may lay down special conditions relating to the performance of a contract , provided that they are indicated in the call for competition or in the specifications . those conditions may , in particular , concern social and environmental considerations . they may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations and that could substantially impact the performance of a contract . ### contracting authorities may lay down special conditions relating to the performance of a contract , provided that they are indicated in the call for competition or in the specifications . those conditions may , in particular , concern social and environmental considerations .


### the notices referred to in paragraphs 1 and 2 shall contain the information referred to in annexes vi part h and i , in accordance with the standard forms . ### the notices referred to in paragraph 2 shall contain the information referred to in annex vi part i .


### contracting authorities may lay down special conditions relating to the performance of a contract , provided that they are indicated in the call for competition or in the specifications . those conditions may , in particular , concern social and environmental considerations . they may also include the requirement that economic operators foresee compensations for risks of price increases that are the result of price fluctuations and that could substantially impact the performance of a contract . ### contracting authorities may lay down special conditions linked to the subject matter and relating to the performance of a contract , provided that they are indicated in the call for competition or in the specifications . those conditions may , in particular , concern social and environmental considerations .


### public contracts may be subdivided into homogenous or heterogeneous lots . for contracts with a value equal to or greater than the thresholds provided for in article 4 but not less than eur 500 000 , determined in accordance with article 5 , where the contracting authority does not deem it appropriate to split into lots , it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons . ### public contracts may be subdivided into homogenous or heterogeneous lots .


### the agreement establishes a genuine cooperation between the participating contracting authorities aimed at carrying out jointly their public service tasks and involving mutual rights and obligations of the parties ; ### the agreement establishes a genuine cooperation between the participating contracting authorities acting as a competent authority in order to jointly ensure the organisation of the same public service mission ;


### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question and , wherever possible , on the basis of the monetisation of the life cycle as defined in article 2 , point 22 . those criteria may include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as :


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental and social characteristics , contributing to sustainable growth and employment , and innovative character ; life - cycle process criteria and socially sustainable production process criteria , which may also involve the employment of disadvantaged individuals or members of vulnerable groups ;


### the price or cost charged is more than 50 % lower than the average price or costs of the remaining tenders ### the price or cost charged is 30 % lower than the average price or costs of the remaining tenders ;


### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules . the relevant case - law of the court of justice of the european union is interpreted divergently between member states and even between contracting authorities . it is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules . however , the application of public procurement rules should not interfere with the freedom of public authorities to decide how to organise the way they carry out their public service tasks . contracts awarded to controlled entities or cooperation for the joint execution of the public service tasks of the participating contracting authorities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition . ### there is considerable legal uncertainty as to how far cooperation between public authorities should be covered by public procurement rules . the relevant case - law of the court of justice of the european union is interpreted divergently between member states and even between contracting authorities . it is therefore necessary to clarify in what cases contracts concluded between contracting authorities are not subject to the application of public procurement rules . such clarification should be guided by the principles set out in the relevant case - law of the court of justice . the sole fact that both parties to an agreement are themselves contracting authorities does not as such rule out the application of procurement rules . the application of public procurement rules must not interfere with the right of public authorities to decide freely how to organise the way they carry out their public service tasks . contracts awarded to controlled entities should therefore be exempted from the application of the rules if the conditions set out in this directive are fulfilled . this directive should aim to ensure that any exempted public - public cooperation does not cause a distortion of competition in relation to private economic operators . neither should the participation of a contracting authority as a tenderer in a procedure for the award of a public contract cause any distortion of competition .


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under articles 9 , 10 and 11 of the treaty on the functioning of the european union , environmental protection requirements and the concepts of the socially - sustainable production process must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development and ensuring , throughout the supply chain , compliance with rules on public health and safety , social standards and national and union labour laws . this directive clarifies how the contracting authorities contribute to the protection of the environment and the promotion of sustainable development , and in regard to technical specifications and award criteria use the powers of discretion at their disposal to select the ones that are the most likely to achieve socially sustainable public procurement thereby ensuring contracts still obtain best value for money for their purpose .


### the negotiated procedure without prior publication may be foreseen for new works or services consisting in the repetition of similar works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract , provided that such works or services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with article 24 . the basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded . ### the negotiated procedure without prior publication may be followed for new services consisting in the repetition of similar services entrusted to the economic operator to which the same contracting authorities awarded an original contract , provided that such services are in conformity with a basic project for which the original contract was awarded according to a procedure in accordance with article 24 . the basic project shall indicate the extent of possible additional services and the conditions under which they will be awarded .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to drive innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and promoting sustainable economic growth . an innovative procurement model is detailed in the commission ' s communication on pre - commercial procurement 1 . this model promotes the take up in the procurement of research and development services which do not fall within the scope of this directive . this model , which has been written into this directive , is recognised and will be available for all contracting authorities to consider . this directive should however contribute to facilitating the public procurement of innovation more generally , and help member states in achieving the innovation union targets . where a need for the development of an innovative product , service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market , contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this directive . this new procedure should allow contracting authorities to establish an innovation partnership for the development and subsequent purchase of new , innovative products , services or works , provided that these can be delivered to agreed performance levels and costs . the procedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender , which is the most suited to comparing tenders for innovative solutions . whether the innovation partnership concerns a very large project or a smaller project , it should be structured in such as a way that it can provide the necessary ' market pull ' , incentivising the development of innovative solutions without foreclosing the market . contracting authorities should therefore not misuse innovation partnerships to prevent , restrict or distort competition . __________________ 1 com 799 final : communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on pre - commercial procurement : driving innovation to ensure sustainable high quality public services in europe .


### member states shall ensure that contracting authorities have the possibility , under the conditions determined by the applicable national contract law , to terminate a public contract during its term , where one of the following conditions is fulfilled : ### member states shall ensure that the national contract law is followed when terminating a public procurement contract . member states may , when giving contracting authorities the possibility under the conditions determined by the applicable national contract law to terminate a public contract during its term , require that one of the following conditions is fulfilled :


### where a label fulfils the conditions provided in points , , and of paragraph 1 but also sets out requirements not linked to the subject - matter of the contract , contracting authorities may define the technical specification by reference to those of the detailed specifications of that label , or , where necessary , parts thereof , that are linked to the subject - matter of the contract and are appropriate to define characteristics of this subject - matter . ### where a label , certificate or other assurance scheme fulfils the conditions provided in points , , and of paragraph 1 but also sets out requirements not linked to the subject - matter of the contract , contracting authorities may define the technical specification by reference to those of the detailed specifications of that label , certificate or other assurance scheme , or , where necessary , parts thereof , that are linked to the subject - matter of the contract and are appropriate to define characteristics of this subject - matter .


### in the case referred to in point of paragraph 1 the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender . ### in the case referred to in point of paragraph 1 the contracting authority shall specify , in the contract notice , in the invitation to confirm interest , in the procurement documents or , in the case of a competitive dialogue , in the descriptive document , the relative weighting which it gives to each of the criteria chosen to determine the most economically , socially and environmentally advantageous tender .


### public contracts may be subdivided into homogenous or heterogeneous lots . for contracts with a value equal to or greater than the thresholds provided for in article 4 but not less than eur 500 000 , determined in accordance with article 5 , where the contracting authority does not deem it appropriate to split into lots , it shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons . ### to foster maximum competition , the contracting authority may award a contract in individual lots . where , on a case - by - case basis , there are objective grounds for doing so , the contracting authority may opt not to split a contract into lots .


### where tenders appear to be abnormally low for other reasons , contracting authorities may also request such explanations . ### contracting authorities may also request explanations concerning price or costs indicated in a tender when other conditions , than those indicated in paragraph 1 , are fulfilled for instance if the price or cost indicated in a tender is significantly lower than prices or costs indicated in other tenders or than a price or costs estimated by the contracting authority , and the probability that the price or cost is abnormally low is very high .


### due to specific circumstances related to the nature or the complexity of the works , supplies or services or the risks attaching thereto , the contract cannot be awarded without prior negotiations . ### where contracting authorities justify in the call for competition that due to specific circumstances related to the nature , the legal or financial makeup or the complexity of the works , supplies or services or the risks attaching thereto , the contract cannot be awarded without prior negotiations .


### in innovation partnerships , any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product , service or works and the subsequent purchase of the resulting supplies , services or works provided that they correspond to the agreed performance levels and costs . ### in innovation partnerships , any economic operator may submit a request to participate in response to a contract notice with a view to establishing a structured partnership for the development of an innovative product , service or works and the subsequent purchase of the resulting supplies , services or works , provided that they correspond to the agreed performance levels and costs . the contract setting up the innovation partnership shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 66 .


### the requirements for the label only concern characteristics which are linked to the subject - matter of the contract and are appropriate to define characteristics of the works , supplies or services that are the subject - matter of the contract ; ### the requirements for the label are appropriate to define characteristics of the works , supplies or services that are the subject - matter of the contract ;


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , ensure value for money , facilitate equal access and fair participation of small and medium - sized enterprises and craftsmen in public procurement , both at local and eu - wide level , and enable procurers to make better use of public procurement in support of sustainable production and consumption . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions , standards and specifications in the market place , so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator , or that disadvantage economic operators on the basis of business or development model including with regard to standards or specifications implemented in a given solution or service . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered equally by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . contracting authorities must be able to provide a reason for any decision that equivalence does not exist in a given case .


### the most economically advantageous tender referred to in point of paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs referred to in point of paragraph 1 , other criteria linked to the subject - matter of the public contract in question , such as : ### the most economically advantageous tender referred to in paragraph 1 from the point of view of the contracting authority shall be identified on the basis of criteria linked to the subject - matter of the public contract in question . those criteria shall include , in addition to the price or costs , other criteria linked to the subject - matter of the public contract in question . costs shall be assessed using a cost - effectiveness approach , such as a life - cycle costing approach , under the conditions set out in article 67 . price shall be the decisive award criterion in the case of highly standardised products and services . other criteria may include :


### however , in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations , legal persons may be required to indicate , in the tender or the request to participate , the names and relevant professional qualifications of the staff to be responsible for the performance of the contract in question . ### however , in the case of public service and public works contracts as well as public supply contracts covering in addition services or siting and installation operations , legal persons may be required to indicate , in the tender or the request to participate , relevant professional qualification levels of the staff to be responsible for the performance of the contract in question .


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### paragraph 2 shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations , transfer of capital or assets between undertakings or the taking - on of a contractual partner after his insolvency , by another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive .


### contracting authorities may authorise tenderers to submit variants . they shall indicate in the contract notice or , where a prior information notice is used as a means of calling for competition , in the invitation to confirm interest whether or not they authorise variants . variants shall not be authorised without such indication . ### contracting authorities shall authorise tenderers to submit variants .


### requests to participate in procedures for the award of public contracts may be made in writing or by telephone ; in the latter case , a written confirmation must be sent before expiry of the time limit set for their receipt ; ### requests to participate in procedures for the award of public contracts may be made in writing ;


### for the purposes of this article , ‘ private interests’ means any family , emotional life , economic , political or other shared interests with the candidates or the tenderers , including conflicting professional interests . ### for the purposes of this article , ' common interests ' means any economic interest or family ties , shared with the candidates or the tenderers , including conflicting professional interests .


### the authority issuing the passport shall seek the relevant information directly from the competent authorities , except where prohibited by national rules on the protection of personal data . ### the authority issuing the passport shall seek the relevant information directly from the competent authorities , except where prohibited by national rules on the protection of personal data and when the information can only be gathered from the economic operator itself . in those cases the economic operator shall deliver that information to the authority to obtain a public procurement passport .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to drive innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and promoting sustainable economic growth . an innovative procurement model is detailed in the commission ' s communication on pre - commercial procurement 1 . this model promotes the take up in the procurement of research and development services which do not fall within the scope of this directive . this model , which has been written into this directive , is recognised and will be available for all contracting authorities to consider . this directive should however contribute to facilitating the public procurement of innovation more generally , and help member states in achieving the innovation union targets . where a need for the development of an innovative product , service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market , contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this directive . this new procedure should allow contracting authorities to establish an innovation partnership for the development and subsequent purchase of new , innovative products , services or works , provided that these can be delivered to agreed performance levels and costs . the procedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender , which is the most suited to comparing tenders for innovative solutions . whether the innovation partnership concerns a very large project or a smaller project , it should be structured in such as a way that it can provide the necessary ' market pull ' , incentivising the development of innovative solutions without foreclosing the market . contracting authorities should therefore not misuse innovation partnerships to prevent , restrict or distort competition . __________________ 1 com 799 final : communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on pre - commercial procurement : driving innovation to ensure sustainable high quality public services in europe .


### this exception only applies when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement ; ### this exception only applies when the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement ;


### the notion of conflict of interests shall at least cover any situation where the categories of persons referred to in paragraph 2 have , directly or indirectly , a private interest in the outcome of the procurement procedure , which may be perceived to impair the impartial and objective performance of their duties . ### the notion of conflict of interests shall cover any situation where the categories of persons referred to in paragraph 2 have , directly or indirectly , a private interest in the outcome of the procurement procedure , which may be perceived to impair the impartial and objective performance of their duties .


### identification of the economic operator ; ### identification of the economic operator ; company registration number , name , address , bank ;


### where contracting authorities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must fulfil all of the following conditions : ### where contracting authorities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs and provide the method for the calculation of life - cycle costs to any tenderer . the methodology used must fulfil all of the following conditions :


### contracting authorities shall treat economic operators equally and without discrimination and shall act in a transparent and proportionate way . ### contracting authorities shall treat economic operators in accordance with the principles of equality , non - discrimination , free competition and openness . they shall also act in a transparent and proportionate way , always ensuring that public funds are used effectively .


### ‘ standard’ means a technical specification approved by a recognised standardising body for repeated or continuous application , compliance with which is not compulsory and which falls into one of the following categories : ### ' standard ' means a technical specification established by consensus and approved by a recognised standardisation organisation for repeated or continuous use , with which compliance is not compulsory , and which falls into one of the following categories :


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . by their very nature they are in general difficult to reconcile with internal market rules applying to public procurement . therefore , public authorities should prefer other ways of providing these services and must ensure high quality for the social services provided if they decide nevertheless to apply public procurement procedures . for a better quality of these services in contracts , a specific regime should be established with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , the subsidiarity principle , protocol 26 on services of general interest , article 14 of the treaty on the functioning of the european union and article 36 of the charter of fundamental rights , member states have wide discretion to organise the choice of the service providers in the way they consider most appropriate , as closely as possible to the needs of the users , and taking into account the differences in the needs and preferences of users that may result from different geographical , social or cultural situations , and to ensure universal access , continuity and availability of the services in all territories of the union . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee , which are designed to ensure a high level of quality , continuity , accessibility , affordability , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantaged and vulnerable groups , users ' satisfaction , social inclusion , the involvement and empowerment of users and , where relevant , innovation . criteria relating to social and employment conditions , health and safety at the workplace , social security and working conditions should particularly be taken into account . member states and / or public authorities remain free to provide these services themselves including vertical ' in - house ' provision or horizontal inter - municipal cooperation , or to organise social services in any other way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . according to case law of the court , in particular the judgement in case c - 70 / 95 , contracting authorities may be allowed to reserve contracts to non - profit organisation , if such a restriction is provided for by national law and compatible with european law , if it is necessary and proportionate to attain certain societal goals of the national welfare system .


### there is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations , as is explicitly foreseen in the agreement , where negotiation is allowed in all procedures . contracting authorities should , unless otherwise provided in the legislation of the member state concerned , be able to use a competitive procedure with negotiation as provided for in this directive , in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes . this procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency . this will give greater leeway to contracting authorities to buy works , supplies and services perfectly adapted to their specific needs . at the same time , it should also increase cross - border trade , as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross - border tenders . ### there is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations , as is explicitly foreseen in the agreement , where negotiation is allowed in all procedures . contracting authorities should , unless otherwise provided in the legislation of the member state concerned , be able to use a competitive procedure with negotiation as provided for in this directive , in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes . in particular , contracting authorities should be able to use the competitive procedure with negotiation where negotiations are needed for example due to legal and financial makeup of the contract , for example in case of complex infrastructural projects or due to the complexity of the project , for example in case of the implementation of complex ict - projects in organisations . the competitive procedure with negotiation should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency . this will give greater leeway to contracting authorities to buy works , supplies and services perfectly adapted to their specific needs . at the same time , it should also increase cross - border trade , as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross - border tenders .


### the partnership shall be structured in successive stages following the sequence of steps in the research and innovation process , possibly up to the manufacturing of the supply or the provision of the services . it shall provide for intermediate targets to be attained by the partner and provide for payment of the remuneration in appropriate instalments . based on those targets , the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases , provided that it has acquired the relevant intellectual property rights . ### the partnership shall be structured in successive stages following the sequence of steps in the research and innovation process , which may include the manufacturing of the supply , or the provision of the services or the completion of the works . the partnership shall set intermediate targets to be attained by the partner and provide for remuneration in appropriate instalments . based on those targets , the contracting authority may decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phases , provided that the contracting authority has indicated in the procurement documents under which conditions it may make use of this discretion to terminate the partnership .


### arbitration and conciliation services ; ### legal , arbitration and conciliation services ;


### the means of communication chosen must be generally available and not restrict economic operators ' access to the procurement procedure . ### the means of communication chosen must be generally available , accessible to persons with disabilities , and not restrict economic operators ' access to the procurement procedure .


### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenderers . where the tenderer cannot provide a sufficient explanation , the contracting authority should be entitled to reject the tender . rejection should be mandatory in cases where the contracting authority has established that the abnormally low price charged results from non - compliance with mandatory union legislation in the fields of social , labour or environmental law or international labour law provisions . ### tenders that appear abnormally low in relation to the works , supplies or services might be based on technically , economically or legally unsound assumptions or practices . in order to prevent possible disadvantages during contract performance , contracting authorities should be obliged to ask for an explanation of the price charged where a tender significantly undercuts the prices demanded by other tenders . where the tender cannot provide a sufficient explanation , the contracting authority should reject the tender . rejection should be mandatory also in cases where the contracting authority has established that abnormally low price charged results from non - compliance with national , international and european union legislation , in particular in the fields of social , labour or environmental law .


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### paragraph 2 shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations , transfer of capital or assets between undertakings or the taking - on of a contractual partner after his insolvency , by another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive .


### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations or insolvency , of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive . ### however , the first subparagraph shall not apply in the event of universal or partial succession into the position of the initial contractor , following corporate restructuring operations , as a result of a contract clause , or insolvency of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this directive .


### member states shall ensure that contracting authorities have the possibility , under the conditions determined by the applicable national contract law , to terminate a public contract during its term , where one of the following conditions is fulfilled : ### member states shall ensure that the national contract law is followed when terminating a public procurement contract . member states may , when giving contracting authorities the possibility under the conditions determined by the applicable national contract law to terminate a public contract during its term , require that one of the following conditions is fulfilled :


### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions , standards and specifications in the marketplace so as to obtain a sufficient level of competition . consequently , technical specifications should avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works commonly offered by that economic operator , or that disadvantage economic operators on the basis of a business or development model or on the basis of specific standards or specifications implemented in a given solution or service . drawing up the technical specifications in terms of functional and performance requirements generally circumvents these problems and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered equally by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence . however , other appropriate means of proof such as a manufacturers ' technical dossier should also be allowed where the economic operator concerned has no access to relevant certificates or test reports , or no possibility of obtaining them within the applicable time limits . contracting authorities must be able to provide justification for not granting equivalence in all cases .


### there is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations , as is explicitly foreseen in the agreement , where negotiation is allowed in all procedures . contracting authorities should , unless otherwise provided in the legislation of the member state concerned , be able to use a competitive procedure with negotiation as provided for in this directive , in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes . this procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency . this will give greater leeway to contracting authorities to buy works , supplies and services perfectly adapted to their specific needs . at the same time , it should also increase cross - border trade , as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross - border tenders . ### there is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations , as is explicitly foreseen in the agreement , where negotiation is allowed in all procedures . contracting authorities should be able to use a competitive procedure with negotiation as provided for in this directive . this procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency . this will give greater leeway to contracting authorities to buy works , supplies and services perfectly adapted to their specific needs . at the same time , it should also increase cross - border trade , as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross - border tenders .


### there is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations , as is explicitly foreseen in the agreement , where negotiation is allowed in all procedures . contracting authorities should , unless otherwise provided in the legislation of the member state concerned , be able to use a competitive procedure with negotiation as provided for in this directive , in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes . this procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment and transparency . this will give greater leeway to contracting authorities to buy works , supplies and services perfectly adapted to their specific needs . at the same time , it should also increase cross - border trade , as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross - border tenders . ### there is a widespread need for additional flexibility and in particular for wider access to a procurement procedure providing for negotiations , as is explicitly foreseen in the agreement , where negotiation is allowed in all procedures . contracting authorities should , unless otherwise provided in the legislation of the member state concerned , be able to use a competitive procedure with negotiation as provided for in this directive , in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory procurement outcomes . this procedure should be accompanied by adequate safeguards ensuring observance of the principles of equal treatment , transparency , free competition , advertising and efficient management of public funds . this will give greater leeway to contracting authorities to buy works , supplies and services perfectly adapted to their specific needs . at the same time , it should also increase cross - border trade , as the evaluation has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross - border tenders .


### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting authorities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions . ### member states shall make available technical support structures in order to provide legal and economic advice , guidance and assistance to contracting authorities in preparing and carrying out procurement procedures . member states shall also ensure that each contracting authority can obtain competent assistance and advice on individual questions , in particular in relation to provisions contained in articles 54 , 55 and 71 .


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### performance , including levels of environmental and climate performance and performance in terms of social impact ;


### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 500 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee17 . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### other categories of services continue by their very nature to have a limited cross - border dimension , namely what are known as services to the person , such as certain social , health and educational services . these services are provided within a particular context that varies widely amongst member states , due to different cultural traditions . a specific regime should therefore be established for public contracts for these services , with a higher threshold of eur 1 000 000 . services to the person with values below this threshold will typically not be of interest to providers from other member states , unless there are concrete indications to the contrary , such as union financing for transborder projects . contracts for services to the person above this threshold should be subject to union - wide transparency . given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . in particular , such procedures should be recognised as an alternative to public procurement law which complies with primary law where they are based on the principle that all service providers able to comply with the conditions previously laid down by law should , irrespective of their legal form , be permitted to provide services , provided that account is taken of the general principles of equal treatment , transparency and non - discrimination . the rules of this directive take account of that imperative , imposing only observance of basic principles of transparency and equal treatment and making sure that contracting authorities are able to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee17 . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of public contracts , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority , without any limits or quotas , provided such a system ensures sufficient advertising and complies with the principles of transparency and non - discrimination .


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to drive innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and promoting sustainable economic growth . an innovative procurement model is detailed in the commission ' s communication on pre - commercial procurement 1 . this model promotes the take up in the procurement of research and development services which do not fall within the scope of this directive . this model , which has been written into this directive , is recognised and will be available for all contracting authorities to consider . this directive should however contribute to facilitating the public procurement of innovation more generally , and help member states in achieving the innovation union targets . where a need for the development of an innovative product , service or works and the subsequent purchase of the resulting output cannot be met by solutions already available on the market , contracting authorities should have access to a specific procurement procedure in respect of contracts falling within the scope of this directive . this new procedure should allow contracting authorities to establish an innovation partnership for the development and subsequent purchase of new , innovative products , services or works , provided that these can be delivered to agreed performance levels and costs . the procedure should be based on the rules applying to the competitive procedure with negotiations and contracts should be awarded on the sole basis of the most economically advantageous tender , which is the most suited to comparing tenders for innovative solutions . whether the innovation partnership concerns a very large project or a smaller project , it should be structured in such as a way that it can provide the necessary ' market pull ' , incentivising the development of innovative solutions without foreclosing the market . contracting authorities should therefore not misuse innovation partnerships to prevent , restrict or distort competition . __________________ 1 com 799 final : communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions on pre - commercial procurement : driving innovation to ensure sustainable high quality public services in europe .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . public procurement is a vital tool in the redefinition of european industrial policy . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union .


### the competent authorities of the member states shall decide on the complete application for an authorisation and shall notify the applicant in writing , in accordance with the notification procedures laid down in the national law of the member state concerned , as soon as possible and at the latest within 60 days from the date on which the application was lodged , and within 30 days in the case of third - country national researchers and students covered by union programmes including mobility measures . ### the competent authorities of the member states shall decide on the complete application for an authorisation and shall notify the applicant in writing , in accordance with the notification procedures laid down in the national law of the member state concerned , as soon as possible and at the latest within 90 days from the date on which the application was lodged , and within 45 days in the case of third - country national researchers and students covered by union programmes including mobility measures .


### member states may require applicants to pay fees for the processing of applications in accordance with this directive . the amount of such fees shall not endanger the fulfilment of its objectives . ### member states may require applicants to pay fees for the processing of applications in accordance with this directive . the amount of such fees shall not be excessive or disproportionate in a way that would hinder the fulfilment of its objectives .


### this directive should respond to the need identified in the implentation reports of the two directives to remedy the identified weaknesses , and to offer a coherent legal framework for different groups coming to the union from third countries . it should therefore simplify and streamline the existing provisions for the different groups in a single instrument . despite differences between the groups covered by this directive , they also share a number of characteristics which makes it possible to address them through a common legal framework at union level . ### this directive should respond to the need identified in the implementation reports of the two directives to remedy the identified weaknesses , to ensure transparency and legal certainty and to offer a coherent legal framework for different groups coming to the union from third countries . it should therefore simplify and streamline the existing provisions for the different groups in a single instrument . despite differences between the groups covered by this directive , they also share a number of characteristics which makes it possible to address them through a common legal framework at union level .


### to make the union more attractive for third - country national researchers , students , pupils , trainees , volunteers and au pairs , it is important to ensure their fair treatment in accordance with article 79 of the treaty . these groups are entitled to equal treatment with nationals of the host member state under directive 2011 / 98 / eu of the european parliament and of the council of 13 december 2011 on a single application procedure for a single permit for third - country nationals to reside and work in the territory of a member state and on a common set of rights for third - country workers legally residing in a member state . more favourable rights to equal treatment with nationals of the host member state as regards branches of social security as defined in regulation no 883 / 2004 on the coordination of social security schemes should be maintained for third - country national researchers , in addition to the rights granted under directive 2011 / 98 / eu . currently the latter foresees a possibility for member states to limit equal treatment with regard to branches of social security , including family benefits , and this possibility of limitation could affect researchers . in addition , independently on whether union or national law of the host member state gives third - country national school pupils , volunteers , unremunerated trainees and au - pairs access to the labour market , they should enjoy equal treatment rights with nationals of the host member state as regards access to goods and services and the supply of goods and services made available to the public . ### to make the union more attractive for third - country national researchers , students , pupils , trainees , volunteers and au pairs , it is important to ensure their fair treatment in accordance with article 79 of the treaty . some of these groups are entitled to equal treatment with nationals of the host member state under directive 2011 / 98 / eu of the european parliament and of the council of 13 december 2011 on a single application procedure for a single permit for third - country nationals to reside and work in the territory of a member state and on a common set of rights for third - country workers legally residing in a member state . currently directive 2011 / 98 / eu foresees a possibility for member states to limit equal treatment with regard to branches of social security , including family benefits , and this possibility of limitation should also apply to researchers . in addition , independently on whether union or national law of the host member state gives third - country national school pupils , volunteers , unremunerated trainees and au - pairs access to the labour market , they should enjoy equal treatment rights with nationals of the host member state as regards access to goods and services and the supply of goods and services made available to the public .


### proof that he / she has been accepted by an establishment of higher education or a training host entity ; ### proof that he / she has been accepted by an establishment of higher education , a training host entity or an organisation responsible for a recognised voluntary service programme ;


### for the mobility of students and trainees from the first member state to a second member state , the authorities of the second member state shall inform the authorities of the first member state on their decision . the cooperation procedures set out in article 32 shall apply . ### for the mobility of students , trainees and volunteers from the first member state to a second member state , the authorities of the second member state shall inform the authorities of the first member state on their decision . the cooperation procedures set out in article 32 shall apply .


### national authorities should inform third - country nationals who apply for admission to the member states under this directive of a decision on the application . they should do so in writing as soon as possible and , at the latest within 60 days , or , as soon as possible and at the latest within 30 days in the case of researchers and students covered by union programmes including mobility measures , starting from the date of the application . ### national authorities should inform third - country nationals who apply for admission to the member states under this directive of a decision on the application . they should do so in writing as soon as possible and , at the latest within 90 days , or , as soon as possible and at the latest within 45 days in the case of researchers and students covered by union programmes including mobility measures , starting from the date of the application .


### by way of derogation from article 12 of directive 2011 / 98 / eu , third - country national researchers shall be entitled to equal treatment with nationals of the host member state as regards branches of social security , including family benefits , as defined in regulation no 883 / 2004 on the coordination of social security schemes . ### third - country national researchers shall be entitled to equal treatment with nationals of the host member state as regards branches of social security , including family benefits , as defined in regulation no 883 / 2004 on the coordination of social security schemes in accordance with article 12 of directive 2011 / 98 / eu .


### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student or as a remunerated trainee under this directive shall be allowed to carry out part of his / her studies / traineeship in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state : ### for periods exceeding three months , but not exceeding six months , a third - country national who has been admitted as a student , as a remunerated trainee or as a volunteer under this directive shall be allowed to carry out part of his / her studies , traineeship or voluntary service in another member state provided that before his or her transfer to that member state , he / she has submitted the following to the competent authority of the second member state :


### the interest of consumers to receive adequate and transparent product information , including the place of farming to be determined on a case by case approach at the appropriate geographical level ; ### the interest of consumers to receive adequate and transparent product information , which specifies the place of farming ;


### in order to take account of the expectations of consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality , the commission may , by means of delegated acts , adopt marketing standards by sector or product referred to in article 112a , at all stages of the marketing , as well as derogations and exemptions from the application of such standards in order to adapt to the constantly changing market conditions , to the evolving consumer demands , as well as in order to take account of developments in relevant international standards and avoid creating obstacles to product innovation . ### in order to take account of the expectations of consumers and demands by the sectors concerned , and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality , the commission may , by means of delegated acts , adopt marketing standards by sector or product referred to in article 112a , at all stages of the marketing , as well as derogations and exemptions from the application of such standards in order to adapt to the constantly changing market conditions , to the evolving consumer demands , as well as in order to take account of developments in relevant international standards and avoid creating obstacles to product innovation . however , this provision shall not apply to the wine sector products included in part ii of annex xiia , which shall be subject to the ordinary decision - making procedure .


### in order to address changes in the market situation , taking into account the specificity of each sector , the commission may , by means of delegated acts , adopt , modify and derogate from requirements related to the general marketing standard referred to in article 112b , and rules concerning the conformity referred to in paragraph 3 of that article . ### in order to address changes in the market situation , taking into account the specificity of each sector , the commission may , by means of delegated acts , adopt , modify and derogate from requirements related to the general marketing standard referred to in article 112b .


### where there are no methods and rules recommended and published by the oiv , corresponding methods and rules shall be adopted by the commission as referred to in point of article 112e . ### where there are no methods and rules recommended and published by the oiv , corresponding methods and rules shall be adopted in accordance with the procedure referred to in article 112oa .