### the authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in the legislation referred to in article 1 and the complexity and urgency of the matter . ### the authority shall set a time limit for conciliation between the competent authorities taking into account any relevant time periods specified in the legislation referred to in article 1 and the complexity and urgency of the matter . at that stage the authority shall at act as a mediator .


### if , at the end of the conciliation phase , the competent authorities concerned have failed to reach an agreement , the authority may take a decision requiring them to take specific action or to refrain from action in order to settle the matter , in compliance with community law . ### if , at the end of the conciliation phase , the competent authorities concerned have failed to reach an agreement , the authority shall in accordance with the procedure set out in the second subparagraph of article 29 take a decision to settle the disagreement and to require them to take specific action , in compliance with union law with binding effects on the competent authorities concerned .


### the authority shall contribute to promote the efficient and consistent functioning of colleges of supervisors referred to in directive 2006 / 48 / ec and foster the coherence of the application of community legislation across colleges . ### the authority shall contribute to promote and monitor the efficient effective and consistent functioning of the colleges of supervisors referred to in directive 2006 / 48 / ec and foster the coherence of the application of union law across colleges .


### the authority shall participate as an observer in colleges of supervisors as it deems appropriate . for the purpose of that participation , it shall be considered a ' competent authority ' within the meaning of the relevant legislation and , at its request , shall receive all relevant information shared with any member of the college . ### the authority shall participate in colleges of supervisors as it deems appropriate . for the purpose of that participation , it shall be considered a ' competent authority ' within the meaning of the relevant legislation and , at its request , shall receive all relevant information shared with any member of the college .


### without prejudice to the competences of the community institutions , the authority may develop contacts with supervisory authorities from third countries . it may enter into administrative arrangements with international organisations and the administrations of third countries . ### the authority shall develop contacts with supervisory authorities from third countries . it may enter into administrative arrangements with international organisations and the administrations of third countries .


### the authority shall cooperate closely with the esrb . it shall provide the esrb with regular and up - to - date information necessary for the achievement of its tasks . any data necessary for the achievement of its tasks that are not in summary or collective form shall be provided without delay to the esrb upon a reasoned request , as specified in article [ 15 ] of regulation no … . / … [ esrb ] . ### the authority shall cooperate closely with the esrb . it shall provide the esrb with regular and up - to - date information necessary for the achievement of its tasks . any data necessary for the achievement of its tasks that are not in summary or collective form shall be provided without delay to the esrb upon a reasoned request , as specified in article [ 15 ] of regulation no … . / … [ esrb ] . the authority shall develop an adequate protocol for the disclosure of confidential information regarding individual financial institutions .


### the authority shall ensure that no decision adopted under articles 10 or 11 impinges in any way on the fiscal responsibilities of member states . ### the authority shall ensure that no decision adopted under articles 10 or 11 impinges directly in a significant manner on the fiscal responsibilities of member states .


### in its notification , the member state shall justify why and clearly demonstrate how the decision impinges on its fiscal responsibilities . ### in its notification , the member state shall justify why and provide an impact assessment on how much the decision impinges on its fiscal responsibilities .


### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation , following an open selection procedure . ### the chairperson shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation , following an open selection procedure organised and managed by the commission .


### the executive director shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation and managerial experience , following an open selection procedure . ### the executive director shall be appointed by the board of supervisors on the basis of merit , skills , knowledge of financial institutions and markets , and experience relevant to financial supervision and regulation and managerial experience , following an open selection procedure organised and managed by the commission and after confirmation by the european parliament .


### the european parliament may invite the chairperson or his alternate , while fully respecting his or her independence , to make a statement regularly before its competent committee and answer questions put by members of that committee . ### the chairperson shall at least quarterly , make a statement before the european parliament and answer any questions put by its members .


### the european parliament may also call upon the chairperson to submit a report on the performance of his duties . ### the chairperson shall submit a report on the performance of his or her duties to the european parliament when requested and at least 15 days before making the statement referred to in paragraph 1 .


### joint committee of european supervisory authorities ### european supervisory authorities joint committee


### the joint committee shall serve as a forum in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency with the european insurance and occupational pensions authority and the european securities and markets authority . ### the joint committee shall serve as a forum in which the authority shall cooperate regularly and closely and ensure cross - sectoral consistency and learning with the european insurance and occupational pensions authority and the european securities and markets authority , in particular on : – financial conglomerates ; – accounting and auditing ; – micro - prudential analyses for financial stability ; – retail investment products ; – anti - money laundering measures ; and – information exchange with the european systemic risk board and development of the relationship between the european systemic risk board and the european supervisory authorities .


### the authority shall contribute adequate resources to the administrative support of the joint committee of european supervisory authorities . this includes staff , administrative , infrastructure , and operational expenses . ### the joint committee shall have a permanent secretariat , staffed by personnel on secondment from the three european supervisory authorities . the authority shall contribute adequate resources to administrative , infrastructure and operational expenses .


### in the case of non - contractual liability , the authority shall , in accordance with the general principles common to the laws of the member states , make good any damage caused by it or by its staff in the performance of their duties . the court of justice shall have jurisdiction in any dispute over the remedying of such damage . ### in the case of non - contractual liability , the authority shall , in accordance with the general principles common to the laws of the member states , make good any unjustifiable damage caused by it or by its staff in the performance of their duties . the court of justice shall have jurisdiction in any dispute over the remedying of such damage .


### the award of public contracts by or on behalf of member states authorities has to comply with the principles of the treaty on the functioning of the european union , and in particular the free movement of goods , freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . however , for public contracts above a certain value , provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition . ### the award of public contracts by or on behalf of member states authorities has to comply with the principles of the treaty on the functioning of the european union , and in particular the free movement of goods , freedom of establishment and the freedom to provide services as well as the principles deriving therefrom , such as equal treatment , non - discrimination , mutual recognition , proportionality , openness , transparency and publicity . however , for public contracts above a certain value , provisions should be drawn up coordinating national procurement procedures so as to ensure that these principles are given practical effect and public procurement is opened up to competition , always ensuring that public funds are used effectively . this will require a high degree of flexibility for member states in order to promote effective and suitable solutions .


### 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 .


### even if they do not necessarily lead to corrupt conduct , actual , potential or perceived conflicts of interest have a high potential to improperly influence public procurement decisions with the effect of distorting competition and jeopardising equal treatment of tenderers . effective mechanisms should therefore be set up to prevent , identify and remedy conflicts of interest . ### even if they do not necessarily lead to corrupt conduct , actual , potential or perceived conflicts of interest have a high potential to improperly influence public procurement decisions with the effect of distorting competition , jeopardising equal treatment of tenderers and delaying the implementation of public procurement procedures . effective mechanisms should therefore be set up to prevent , identify and remedy conflicts of interest and eliminate obstacles to the implementation thereof .


### being addressed to member states , this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account . there is , however , a need to clarify to what extent this directive should be applied to procurement governed by specific international rules . ### being addressed to member states , this directive does not apply to procurement carried out by international organisations on their own behalf and for their own account . although the eu has a largely open public procurement market , several third countries are reluctant to open their procurement markets to international competition . in order to apply the reciprocity principle and improve the access of eu economic operators to third country public procurement markets protected by restrictive procurement measures , special rules shall be introduced pursuant to com124 / 2012 / 0060 .


### 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 .


### 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 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 , animal welfare 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 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 spur r&d and innovation . buying the r&d and deployment of innovative goods and services plays a key role in improving 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 . the directive should contribute to facilitating public procurement of r&d and innovative goods and services and help member states in achieving the innovation union targets but should not introduce mandatory quotas for innovative public procurement as this would restrict competition and the choice of the contracting authorities . it is therefore appropriate to clarify as much as possible the possibilities to procure r&d and innovative goods and services . 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 .


### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures . ### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes under this directive . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures .


### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures . ### electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency and transparency of procurement processes . they should become the standard means of communication and information exchange in procurement procedures . the use of electronic means also leads to time savings . as a result , provision should be made for reducing the minimum periods where electronic means are used , subject , however , to the condition that they are compatible with the specific mode of transmission envisaged at union level . moreover , electronic means of information and communication including adequate functionalities can enable contracting authorities to prevent , detect and correct errors that occur during procurement procedures and the execution phase as well . a reasonable period of time should be allowed for the move from paper to electronic means of communication , to allow the parties concerned the time needed for training .


### there is a strong trend emerging across union public procurement markets towards the aggregation of demand by public purchasers , with a view to obtaining economies of scale , including lower prices and transaction costs , and to improving and professionalising procurement management . this can be achieved by concentrating purchases either by the number of contracting authorities involved or by volume and value over time . however , the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion , and to preserve transparency and competition , as well as market access opportunities for small and medium - sized enterprises . ### there is a strong trend emerging across union public procurement markets towards the aggregation of demand by public purchasers , with a view to obtaining economies of scale , including lower prices and transaction costs , and to improving and professionalising procurement management . this can be achieved by concentrating purchases either by the number of contracting authorities involved or by volume and value over time . however , the aggregation and centralisation of purchases should be carefully monitored in order to avoid excessive concentration of purchasing power and collusion , and to preserve transparency and competition , as well as market access opportunities for small and medium - sized enterprises . the commission should provide guidance to member states and contracting authorities on the required monitoring of aggregated and centralised purchases to avoid excessive concentration of purchasing power and collusion . such guidance should be provided by way of implementing act .


### the instrument of framework agreements has been widely used and is considered as an efficient procurement technique throughout europe . it should therefore be maintained largely as is . however , certain concepts need to be clarified , in particular the conditions for the use of a framework agreement by contracting authorities which are not themselves party to it . ### the instrument of framework agreements has been widely used and is considered as an efficient procurement technique throughout europe . it should therefore be maintained largely as is . however , certain concepts need to be clarified , in particular the conditions for the use of a framework agreement by contracting authorities which are not themselves party to it . it should be permissible to expand the range of parties entitled to be called upon under a framework agreement under conditions laid down in article 31 .


### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data and to minimise information and transaction costs . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years . ### electronic means of communication are particularly well suited to support centralised purchasing practices and tools because of the possibility they offer to re - use and automatically process data and to minimise information and transaction costs . the use of such electronic means of communication should therefore , as a first step , be rendered compulsory for central purchasing bodies , while also facilitating converging practices across the union . this should be followed by a general obligation to use electronic means of communication in all procurement procedures after a transition period of two years . so as to ensure continued legal certainty , these provisions shall not affect existing arrangements at national level for publishing information on public procurement contracts for amounts below the thresholds set in this directive .


### in order to foster the involvement of small and medium - sized enterprises in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### in order to foster the involvement of small and medium - sized enterprises in the public procurement market , and especially for products that require quality for welfare , such as food for passive consumers in hospitals , schools , child and elders care , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer .


### in order to foster the involvement of small and medium - sized enterprises in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . ### in order to foster the involvement of small and medium - sized enterprises and civil society in the public procurement market , contracting authorities should be encouraged to divide contracts into lots , and be obliged to state the reasons for not doing so . where contracts are divided into lots , contracting authorities may , for instance in order to preserve competition or to ensure security of supply , limit the number of lots for which an economic operator may tender ; they may also limit the number of lots that may be awarded to any one tenderer . however , such division into lots may not be performed with the aim of evading procurement procedures laid down by law .


### many economic operators , and not least smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . further simplification can be achieved through standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden . ### many economic operators , and not least smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , including declarations concerning compliance with rules and standards in the areas of animal welfare , health and public safety , social protection and labour standards , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . further simplification can be achieved through standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden .


### many economic operators , and not least smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . further simplification can be achieved through standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden . ### many economic operators , and especially smes , find that a major obstacle to their participation in public procurement consists in administrative burdens deriving from the need to produce an excessive number of certificates or other documents related to exclusion and selection criteria . limiting such requirements , for example through self - declarations , can result in considerable simplification for the benefit of both contracting authorities and economic operators . the tenderer to which it has been decided to award the contract should , however , be required to provide the relevant evidence and contracting authorities should not conclude contracts with tenderers unable to do so . it is necessary to introduce standardised documents such as the european procurement passport , which should be recognized by all contracting authorities and widely promoted among economic operators , in particular smes , for whom they can substantially lessen the administrative burden .


### it is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth . ### efforts should be made to fully exploit the potential of public procurement to achieve the objectives of the europe 2020 strategy for sustainable growth , without encroaching on the powers of contracting entities . in particular public procurement is key to driving innovation , which is of great importance for future growth in europe . in view of the important differences between individual sectors and markets , it would however not be appropriate to set general mandatory requirements for environmental , social and innovation procurement . the union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road transport vehicles and office equipment no 106 / 2008 of the european parliament and the council of 15 january 2008 on a community energy - efficiency labelling programme for office equipment ) . in addition , the definition of common methodologies for life cycle costing has significantly advanced . it therefore appears appropriate to continue on that path , leaving it to sector - specific legislation to set mandatory objectives and targets in function of the particular policies and conditions prevailing in the relevant sector and to promote the development and use of european approaches to life - cycle costing as a further underpinning for the use of public procurement in support of sustainable growth .


### these sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting authorities to pursue the objectives of the europe 2020 strategy in their purchasing strategies . it should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all costs over the life cycle of works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory . ### these sector - specific measures must be complemented by an adaptation of the public procurement directives empowering contracting authorities to pursue the objectives of the europe 2020 strategy in their purchasing strategies , for example measuring costs in relation to the energy saving potential of products or services . it should hence be made clear that contracting authorities can determine the most economically advantageous tender and the lowest cost using a life - cycle costing approach , provided that the methodology to be used is established in an objective and non - discriminatory manner and accessible to all interested parties . the notion of life - cycle costing includes all costs over the life cycle of works , supplies or services , both their internal costs and their external costs , provided they can be monetised and monitored . common methodologies should be developed at the level of the union for the calculation of life - cycle costs for specific categories of supplies or services ; whenever such a methodology is developed its use should be made compulsory .


### 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 .


### every two years from 30 june 2014 , the commission shall verify that the thresholds set out in points , and of article 4 correspond to the thresholds established in the government procurement agreement and shall , where necessary , revise them . ### every two years from 30 june 2014 , the commission shall verify that the thresholds set out in points , and of article 4 correspond to the thresholds established in the government procurement agreement and shall , where necessary and after consulting the member states on the application of the thresholds to certain sectors and types of contacts , revise them .


### the acquisition , development , production or co - production of programme material intended for audiovisual media services , that are awarded by broadcasters , or contracts for broadcasting time that are awarded to audiovisual media service providers ; ### the acquisition , development , production or co - production of programme material and related preparatory services intended for audiovisual media services , that are awarded by broadcasters , or contracts for broadcasting time that are awarded to audiovisual media service providers ; media services being defined as including all transmission and distribution using any form of electronic network ;


### the acquisition , development , production or co - production of programme material intended for audiovisual media services , that are awarded by broadcasters , or contracts for broadcasting time that are awarded to audiovisual media service providers ; ### the acquisition , development , production or co - production of programme material intended for audio and audiovisual media services , that are awarded by broadcasters , as well as associated preparatory services , and contracts for the broadcasting or distribution and transmission of media services ;


### the contracting authority exercises over the legal person concerned a control which is similar to that which it exercises over its own departments . ### the contracting authority exercises over the legal person concerned a control which is equivalent to that which it exercises over its own departments , i . e . it exercises a decisive influence over both strategic objectives and significant decisions of the controlled legal person . with a view to determining whether such control is being exercised , account may also be taken of factors such as the level of representation on administrative , management or supervisory bodies , the relevant provisions of the articles of association or the ownership arrangements .


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### at least 80 % of the activities of that legal person which are activities governed by the contract are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### most of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### the legal person works mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority . the legal person shall be assumed to work mainly for the controlling contracting authority or for other legal persons controlled by that contracting authority if at least 90 % of its activities governed by the contract are carried out for it / them ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### at least 90 % of the average total turnover of that legal person is generated by means of activities carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### the essential part of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### at least 100 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### all the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### at least 80 % of the activities of that legal person which are the subject of the contract are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### the majority of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### the legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities . it is assumed that the legal person essentially carries out activities for the controlling contracting authorities or for other legal persons controlled by the same contracting authorities where it carries out at least 90 % of its activities which are the subject of the contract for that legal person or those legal persons ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### at least 90 % of the average total turnover of that legal person is generated by means of activities carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### the essential part of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### all the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### all of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ; ### all of the activities of that legal person are carried out for the controlling contracting authorities or other legal persons controlled by the same contracting authorities ;


### at least 90 % of the activities of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority ; ### the activities in their entirety of that legal person are carried out for the controlling contracting authority or for other legal persons controlled by that contracting authority or with respect to the provision of services of general interest ;


### there is no private participation in the controlled legal person . ### there is only passive private participation , i . e . participation that does not allow any influence on the operational business of the controlled legal person .


### there is no private participation in the controlled legal person . ### there is no private participation in the controlled legal person , unless this is a legal requirement in the relevant member states .


### there is no private participation in the controlled legal person . ### there is no active private participation in the controlled legal person .


### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities ; ### the decision - making bodies of the controlled legal person are composed of representatives of the participating contracting authorities ;


### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities ; ### the decision - making bodies of the controlled legal person are composed of representatives of all participating contracting authorities , while one representative may represent one or many participating contracting authorities ;


### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures . ### following the entry into force of the directive , the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures .


### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures . ### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any of the cumulative conditions listed therein is no longer fulfilled , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures .


### 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 .


### in all communication , exchange and storage of information , contracting authorities shall ensure that the integrity of data and the confidentiality of tenders and requests to participate are preserved . they shall examine the content of tenders and requests to participate only after the time limit set for submitting them has expired ### in all communication , exchange and storage of information , contracting authorities shall ensure that the integrity of data and the confidentiality of tenders and requests to participate as well as of information referred to in article 18 are preserved . they shall examine the content of tenders and requests to participate only after the time limit set for submitting them has expired .


### to ensure the interoperability of technical formats as well as of process and messaging standards , especially in a cross - border context , the commission shall be empowered to adopt delegated acts in accordance with article 89 to establish the mandatory use of specific technical standards , at least with regard to the use of e - submission , electronic catalogues and means for electronic authentication . ### to ensure the interoperability of technical formats as well as of process and messaging standards , especially in a cross - border context , the commission should recommend use of specific technical standards , at least with regard to the use of e - submission , electronic catalogues and means for electronic authentication .


### only those economic operators invited by the contracting authority following the assessment of the requested information may participate in the dialogue . contracting authorities may limit the number of suitable candidates to be invited to participate in the procedure in accordance with article 64 . 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 the assessment of the requested information may participate in the dialogue . contracting authorities shall have the option of appointing from among their staff a project leader to guarantee compliance with reasonable deadlines by means of effective coordination at each stage of the dialogue . the number of suitable candidates to be invited to participate in the procedure may be limited in accordance with article 64 .


### competitive dialogues may take place in successive stages in order to reduce the number of solutions to be discussed during the dialogue stage by applying the award criteria defined in the contract notice or in the descriptive document . in the contract notice or the descriptive document , the contracting authority shall indicate whether it will us this option . ### competitive dialogues may take place in successive stages in order to reduce the number of solutions to be discussed during the dialogue stage by applying the award criteria defined in the contract notice or in the descriptive document . in the contract notice or the descriptive document , the contracting authority shall indicate whether it will use this option .


### having declared that the dialogue is concluded and having so informed the participants , contracting authorities shall ask them to submit their final tenders on the basis of the solution or solutions presented and specified during the dialogue . those tenders shall contain all the elements required and necessary for the performance of the project . ### having declared that the dialogue is concluded and having so informed the participants , contracting authorities shall ask each participant to submit their final tenders on the basis of the solution or solutions presented and specified during the dialogue . those tenders shall contain all the elements required and necessary for the performance of the project .


### the contracting authorities may specify prizes or payments to the participants in the dialogue . ### the contracting authorities shall specify prizes or payments to the participants in the dialogue on terms laid down by the contract .


### 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 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 .


### 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 , 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 either to contract on a phase by phase basis with the potential for different partners for different stages of the process , or it may decide to contract for multiple phases with the same partner or partners . the contracting authority may also decide after each stage to terminate the partnership and launch a new procurement procedure for the remaining phase or phases , provided that the contracting authority has acquired the relevant intellectual property rights or otherwise made appropriate remuneration as agreed with the partner or partners .


### in selecting candidates , contracting authorities shall pay particular attention to criteria concerning the tenderers ' capacity and experience in the field of research and development and of developing innovative solutions . they may limit the number of suitable candidates to be invited to participate in the procedure in accordance with article 64 . ### in selecting candidates , contracting authorities shall pay particular attention to criteria concerning the candidates ' capacity in the field of research and development and of developing innovative solutions . they may limit the number of suitable candidates to be invited to participate in the procedure in accordance with article 64 .


### 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 . the contract shall be awarded on the sole basis of the award criterion of the most economically advantageous tender in accordance with article 66 .


### the structure of the partnership and , in particular , the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market . the value and duration of a contract for the purchase of the resulting supply , service or works shall remain within appropriate limits , taking into account the need to recover the costs , including those incurred in developing an innovative solution , and to achieve an adequate profit . ### the contracting authority shall ensure that the structure of the partnership and , in particular , the duration and value of the different phases shall reflect the degree of innovation of the proposed solution and the sequence of the research and innovation activities required for the development of an innovative solution not yet available on the market . the estimated value of supplies , services or works shall not be disproportionate in relation to the investment required for their development .


### 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 .


### for commonly used purchases the characteristics of which , as generally available on the market , meet the requirements of the contracting authorities , contracting authorities may use a dynamic purchasing system . the dynamic purchasing system shall be operated as a completely electronic process , open throughout its validity to any economic operator that satisfies the selection criteria . ### for commonly used standard goods and services purchases the characteristics of which , as generally available on the market , meet the requirements of the contracting authorities , contracting authorities may use a dynamic purchasing system . the dynamic purchasing system shall be operated as a completely electronic process , open throughout its validity to any economic operator that satisfies the selection criteria .


### publish a call for competition making it clear that a dynamic purchasing system is involved ; ### publish a call for competition describing the dynamic purchasing system and how the procedure operates ;


### no charges may be billed to the interested economic operators or to parties to the dynamic purchasing system . ### no charges may be billed during the award procedure to the interested economic operators or to parties to the dynamic purchasing system .


### when determining the applicable national law in accordance with point , contracting authorities may choose the national provisions of any member state in which at least one of the participating authorities is located . ### when determining the applicable national law in accordance with point , contracting authorities shall choose the national provisions of any member state in which at least one of the participating authorities is located .


### in the absence of an agreement determining the applicable public procurement law , the national legislation governing the contract award shall be determined following the rules set out below : ### in the absence of an agreement determining the applicable public procurement law under paragraph 3 , the national legislation governing the contract award shall be determined following the rules set out below :


### the criteria of the label are set by a third party which is independent from the economic operator applying for the label . ### the criteria of the label are set by a third party accredited according to the recognized accreditation standards , which is independent from the economic operator applying for the label .


### 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&#160 ; 4 but not less than eur&#160 ; 500&#160 ; 000 , determined in accordance with article&#160 ; 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 . for contracts with a value equal to or greater than the thresholds provided for in article&#160 ; 4 but not less than eur&#160 ; 500&#160 ; 000 , determined in accordance with article&#160 ; 5 , the contracting authority shall provide in the contract notice or in the invitation to confirm interest a specific explanation of its reasons regarding the division or non - division into lots .


### 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 .


### the invitations referred to in paragraph 1 shall include a reference to the electronic address on which the specifications or the descriptive document and any other supporting documents have been made directly available by electronic means . in addition , they shall include the information set out in annex x . ### the invitations referred to in paragraph 1 shall include a reference to the electronic address at which the specifications or the descriptive document and any other supporting documents are accessible to tenderers . in addition , they shall include the information set out in annex x .


### in restricted procedures , competitive procedures with negotiation , competitive dialogue procedures and innovation partnerships , contracting authorities may limit the number of candidates meeting the selection criteria that they will invite to tender or to conduct a dialogue , provided a sufficient number of qualified candidates is available . ### in restricted procedures , competitive procedures with negotiation , competitive dialogue procedures and innovation partnerships , contracting authorities may limit the number of candidates meeting the selection criteria that they will invite to tender or to conduct a dialogue , provided the minimum number , according to paragraph 2 of qualified candidates is available .


### without prejudice to national laws , regulations or administrative provisions concerning the remuneration of certain services , the criteria on which contracting authorities shall base the award of public contracts shall be one of the following : ### without prejudice to national laws , regulations or administrative provisions concerning the remuneration of certain services , contracting authorities shall award public contracts to the most economically advantageous tender .


### 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 directly 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 directly linked to the subject - matter of the public contract in question , such as :


### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi . ### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because the price or costs indicated in a tender does not cover costs of manufacturing a product , providing services or carrying out works which are subject matter of the public contract , taking into consideration economic conditions , and in particular if it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi .


### in the procurement documents , the contracting authority may ask or may be required by a member state to ask the tenderer to indicate in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors . ### in the procurement documents , the tenderer is required to indicate to the contracting authority in its tender any share of the contract it may intend to subcontract to third parties and any proposed subcontractors .


### 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 shall not have recourse to modifications of the contract in the following cases : ### contracting authorities may not invoke the provisions of this article concerning modifications of the contract in the following cases :


### member states shall ensure that contracting authorities may take into account the need to ensure quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation . member states may also provide that the choice of the service provider shall not be made solely on the basis of the price for the provision of the service . ### member states shall ensure that contracting authorities take into account the need to ensure universal access , quality , continuity , accessibility , affordability , availability , safety and comprehensiveness of the services , the specific needs of different categories of users , the involvement and empowerment of users and innovation .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall ensure the oversight and coordination of implementation activities .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall appoint an independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### member states shall ensure that mechanisms are in place to oversee and coordinate implementation activities . the governmental structure of member states with a compound or decentralised administrative structure will , in all cases , be respected . member states shall appoint the bodies that best suit their governmental structure .


### the oversight body shall be responsible for the following tasks : ### the competent authorities shall be responsible for the following tasks :


### the oversight body shall be responsible for the following tasks : ### the oversight mechanisms must ensure that the following tasks are carried out :


### member states shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities ' decisions where it has detected a violation in the course of its monitoring and legal advising activity . ### the competent authorities may seek from the court which has jurisdiction according to national law a review of contracting authorities ' decisions where they have detected a violation in the course of their monitoring and legal advising activity .


### member states shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities ' decisions where it has detected a violation in the course of its monitoring and legal advising activity . ### member states shall empower the oversight bodies to seize the jurisdiction competent according to national law for the review of contracting authorities ' decisions where it has detected a violation in the course of its monitoring and legal advising activity .


### without prejudice to the general procedures and working methods established by the commission for its communications and contacts with member states , the oversight body shall act as a specific contact point for the commission when it monitors the application of union law and the implementation of the budget from the union on the basis of article 17 of the treaty on the european union and article 317 of the treaty on the functioning of the european union . it shall report to the commission any violation of this directive in procurement procedures for the award of contracts directly or indirectly funded by the union . ### without prejudice to the general procedures and working methods established by the commission for its communications and contacts with member states , the competent authorities shall act as a specific contact point for the commission when it monitors the application of union law and the implementation of the budget from the union on the basis of article 17 of the treaty on the european union and article 317 of the treaty on the functioning of the european union . it shall report to the commission any violation of this directive in procurement procedures for the award of contracts directly or indirectly funded by the union .


### the investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this directive and the principles of the treaty shall not replace or prejudge the institutional role of the commission as guardian of the treaty . when the commission decides to refer the treatment of an individual case pursuant to paragraph 4 , it shall also retain the right to intervene in accordance with the powers conferred to it by the treaty . ### the investigation and enforcement activities carried out by the competent authorities to ensure that contracting authorities’ decisions comply with this directive and the principles of the treaty shall not replace or prejudge the institutional role of the commission as guardian of the treaty . when the commission decides to refer the treatment of an individual case pursuant to paragraph 4 , it shall also retain the right to intervene in accordance with the powers conferred to it by the treaty .


### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , the oversight body shall , upon written request , give unrestricted and full direct access , free of charge , to the concluded contracts referred to in paragraph 6 . access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them . ### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , the competent authorities shall , upon written request , give unrestricted and full direct access , free of charge , to the concluded contracts referred to in paragraph 6 . access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them .


### a summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2 . ### a summary of all the activities carried out by the competent authorities in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2 .


### without prejudice to the general procedures and working methods established by the commission for its communications and contacts with member states , the oversight body shall act as a specific contact point for the commission when it monitors the application of union law and the implementation of the budget from the union on the basis of article 17 of the treaty on the european union and article 317 of the treaty on the functioning of the european union . it shall report to the commission any violation of this directive in procurement procedures for the award of contracts directly or indirectly funded by the union . the commission may in particular refer to the oversight body the treatment of individual cases where a contract is not yet concluded or a review procedure can still be carried out . it may also entrust the oversight body with the monitoring activities necessary to ensure the implementation of the measures to which member states are committed in order to remedy a violation of union public procurement rules and principles identified by the commission . the commission may require the oversight body to analyse alleged breaches to union public procurement rules affecting projects co - financed by the budget of the union . the commission may entrust the oversight body to follow - up certain cases and to ensure that the appropriate consequences of breaches to union public procurement rules affecting projects co - financed are taken by the competent national authorities which will be obliged to follow its instructions . ### without prejudice to the general procedures and working methods established by the commission for its communications and contacts with member states , the competent authorities shall act as a specific contact point for the commission when it monitors the application of union law and the implementation of the budget from the union on the basis of article 17 of the treaty on the european union and article 317 of the treaty on the functioning of the european union . it shall report to the commission any violation of this directive in procurement procedures for the award of contracts directly or indirectly funded by the union .


### the investigation and enforcement activities carried out by the oversight body to ensure that contracting authorities’ decisions comply with this directive and the principles of the treaty shall not replace or prejudge the institutional role of the commission as guardian of the treaty . when the commission decides to refer the treatment of an individual case pursuant to paragraph 4 , it shall also retain the right to intervene in accordance with the powers conferred to it by the treaty . ### the investigation and enforcement activities carried out by competent authorities to ensure that contracting authorities’ decisions comply with this directive and the principles of the treaty shall not replace or prejudge the institutional role of the commission as guardian of the treaty . when the commission decides to refer the treatment of an individual case pursuant to paragraph 4 , it shall also retain the right to intervene in accordance with the powers conferred to it by the treaty .


### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , the oversight body shall , upon written request , give unrestricted and full direct access , free of charge , to the concluded contracts referred to in paragraph 6 . access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them . ### without prejudice to the national law concerning access to information , and in accordance with national and eu legislation on data protection , competent authorities shall , upon written request , give unrestricted and full direct access , free of charge , to the concluded contracts referred to in paragraph 6 . access to certain parts of the contracts may be refused where their disclosure would impede law enforcement or otherwise be contrary to the public interest , would harm the legitimate commercial interests of economic operators , public or private , or might prejudice fair competition between them .


### a summary of all the activities carried out by the oversight body in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2 . ### a summary of all the activities carried out by competent authorities in accordance with paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2 .


### member states shall appoint a single independent body responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . ### in accordance with their national or federal structure , member states shall appoint one or more independent bodies responsible for the oversight and coordination of implementation activities . member states shall inform the commission of their designation . member states that already have in place independent bodies can retain these bodies as long as they fulfil all responsibilities as stated below .


### issuing own - initiative opinions and guidance on questions of general interest pertaining to the interpretation and application of public procurement rules , on recurring questions and on systemic difficulties related to the application of public procurement rules , in the light of the provisions of this directive and of the relevant case - law of the court of justice of the european union ; ### elaborate guidelines on questions of general interest pertaining to the interpretation and application of public procurement rules , on recurring questions and on systemic difficulties related to the application of public procurement rules , in the light of the provisions of this directive and of the relevant case - law of the court of justice of the european union ;


### member states shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities ' decisions where it has detected a violation in the course of its monitoring and legal advising activity . ### member states shall empower the oversight body to seize the jurisdiction competent according to national law for the review of contracting authorities’ decisions where it has detected a violation in the course of its monitoring activity or when examining reports provided by the contracting authorities on the basis of article 30 .


### providing legal advice to contracting authorities on the interpretation of public procurement rules and principles and on the application of public procurement rules in specific cases ; ### providing general and specific legal advice and practical guidance to contracting authorities on the interpretation and on the application of public procurement rules and principles ;


### the contracting authorities shall document the progress of all procurement procedures , whether or not those are conducted by electronic means . to that end , they shall document all stages in the procurement procedure , including all communications with economic operators and internal deliberations , preparation of the tenders , dialogue or negotiation if any , selection and award of the contract . ### contracting authorities shall take appropriate steps to document the progress of procurement procedures conducted by electronic means .


### this directive should promote the union as an attractive location for research and innovation and advance the union in the global competition for talent . opening the union up to third - country nationals who may be admitted for the purposes of research is also part of the innovation union flagship initiative . creating an open labour market for union researchers and for researchers from third countries was also affirmed as a key aim of the european research area , a unified area , in which researchers , scientific knowldedge and technology circulate freely . ### this directive should promote the union as an attractive location for research and innovation and advance the union in the global competition for talent , and , in so doing , ensure an increase in the union ' s overall competitiveness and growth rates while creating jobs that make a larger contribution to gdp growth . opening the union up to third - country nationals who may be admitted for the purposes of research is also part of the innovation union flagship initiative . creating an open labour market for union researchers and for researchers from third countries was also affirmed as a key aim of the european research area , a unified area , in which researchers , scientific knowledge and technology circulate freely .


### in order to allow third - country national students to better cover part of the cost of their studies , they should be given increased access to the labour market under the conditions set out in this directive , meaning a minimum of 20 hours per week . the principle of access for students to the labour market should be a general rule . however , in exceptional circumstances member states should be able to take into account the situation of their national labour markets , although this must not risk entirely negating the right to work . ### in order to allow third - country national students to better cover part of the cost of their studies , they should be given increased access to the labour market under the conditions set out in this directive . the principle of access for students to the labour market should be a general rule . however , in exceptional circumstances member states should be able to take into account the situation of their national labour markets , although this must not risk entirely negating the right to work .


### 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 . 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 students , 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 .