### 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 may take into account the need to ensure a high level of quality , continuity , accessibility , availability and comprehensiveness of the services , the specific needs of different categories of users , including disadvantages and vulnerable groups , the necessity to promote the participation of smes , 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 .


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


### 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 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 , always ensuring that public funds are used effectively .


### 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 .


### 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 . 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 .


### 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 .


### 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 , 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 .


### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting authorities require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process . as a result , contracting authorities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions . ### contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency , non - discrimination and equal treatment . these criteria should guarantee that tenders are assessed in conditions of effective competition , also where contracting authorities require high - quality works , supplies and services that are optimally suited to their needs , for instance where the chosen award criteria include factors linked to the production process . as a result , contracting authorities should be allowed to adopt as award criteria either ‘ the most economically advantageous tender’ or ‘ the lowest cost’ , taking into account that in the latter case they are free to set adequate quality standards by using technical specifications or contract performance conditions for highly standardised products .


### 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 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 .


### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the public contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the award criterion of the most economically advantageous tender , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any award criteria which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . for service contracts and for contracts involving the design of works , contracting authorities should also be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality of contract performance and , as a result , the economic value of the tender . ### furthermore , in technical specifications and in award criteria , contracting authorities should be allowed to refer to a specific production process , a specific mode of provision of services , or a specific process for any other stage of the life cycle of a product or service , provided that they are linked to the subject - matter of the public contract . in order to better integrate social considerations in public procurement , procurers may also be allowed to include , in the implementing conditions of the contract , characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may only concern the protection of health of the staff involved in the production process or the favouring of social integration of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract , including accessibility for persons with disabilities . any implementing conditions which include those characteristics should in any event remain limited to characteristics that have immediate consequences on staff members in their working environment . they should be applied in accordance with directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services and in a way that does not discriminate directly or indirectly against economic operators from other member states or from third countries parties to the agreement or to free trade agreements to which the union is party . for service contracts and for contracts involving the design of works , contracting authorities should also be allowed to use as an award criterion the organisation , qualification and experience of the staff assigned to performing the contract in question , as this may affect the quality of contract performance and , as a result , the economic value of the tender and may therefore have a direct bearing on the subject - matter of the contract .


### 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 ;


### 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 .


### member states may make mandatory the use of electronic means of communication in other situations than those provided for in articles 32 , 33 , 34 , 35 , 49 or 51 of this directive . ### member states may make mandatory the use of electronic means of communication in other situations than those provided for in articles 32 , 33 , 34 , 35 , 49 or 51 of this directive , provided that they do not represent an insurmountable obstacle for smes and microenterprises .


### member states may provide that contracting authorities may apply innovation partnerships as regulated in this directive . ### member states shall provide that contracting authorities may apply innovation partnerships as regulated in this directive .


### the contracting authority may reduce by five days the time limit for receipt of tenders set out in the second subparagraph of paragraph 1 where it accepts that tenders may be submitted by electronic means in accordance with article 19 , and . ### the contracting authority may reduce by three days the time limit for receipt of tenders set out in the second subparagraph of paragraph 1 where it accepts that tenders may be submitted by electronic means in accordance with article 19 , and .


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


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


### in procedures for awarding public supply or service contracts , contracting authorities that have authorised variants shall not reject a variant on the sole ground that it would , where successful , lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract . ### in procedures for awarding public supply or service contracts , contracting authorities shall not reject a variant on the sole ground that it would , where successful , lead to either a service contract rather than a public supply contract or a supply contract rather than a public service contract .


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


### contracting authorities may make known their intentions of planned procurements through the publication of a prior information notice as soon as possible after the beginning of the budgetary year . those notices shall contain the information set out in annex vi part b section i . they shall be published either by the commission or by the contracting authorities on their buyer profiles in accordance with point 2 of annex ix . where the notice is published by the contracting authorities on their buyer profile , they shall send a notice of the publication on their buyer profile in accordance with point 3 of annex ix . ### contracting authorities shall make known their intentions of planned procurements through the publication of a prior information notice as soon as possible after the beginning of the budgetary year . those notices shall contain the information set out in annex vi part b section i . they shall be published either by the commission or by the contracting authorities on their buyer profiles in accordance with point 2 of annex ix . where the notice is published by the contracting authorities on their buyer profile , they shall send a notice of the publication on their buyer profile in accordance with point 3 of annex ix .


### all contracting authorities may use a contract notice as a means of calling for competition in respect of all procedures . such notices shall contain the information set out in annex vi part c and shall be published in accordance with article 49 . ### all contracting authorities shall use a contract notice as a means of calling for competition in respect of all procedures . such notices shall contain the information set out in annex vi part c and shall be published in accordance with article 49 .


### where it is aware of any violation of obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . compliance with union legislation or with international provisions also includes compliance in an equivalent manner . ### where it can prove a violation of obligations established by union legislation in the field of social and labour law or environmental law or of the international social and environmental law provisions listed in annex xi . compliance with union legislation or with international provisions also includes compliance in an equivalent manner .


### where the contracting authority can demonstrate by any means that the economic operator is guilty of other grave professional misconduct ; ### where the contracting authority can show evidence which proves that the economic operator is guilty of other grave professional misconduct ;


### with regard to criteria relating to economic and financial standing as set out pursuant to article 56 , and to criteria relating to technical and professional ability as set out pursuant to article 56 , an economic operator may , where appropriate and for a particular contract , rely on the capacities of other entities , regardless of the legal nature of the links which it has with them . it shall in that case prove to the contracting authority that it will have at its disposal the resources necessary , for example , by producing an undertaking by those entities to that effect . in the case of economic and financial standing , contracting authorities may require that the economic operator and those entities are jointly liable for the execution of the contract . ### with regard to criteria relating to economic and financial standing as set out pursuant to article 56 , and to criteria relating to technical and professional ability as set out pursuant to article 56 , an economic operator may , where appropriate and for a particular contract , rely on the capacities of other entities , regardless of the legal nature of the links which it has with them . it shall in that case prove to the contracting authority that it will have at its disposal the resources necessary , for example , by producing an undertaking by those entities to that effect .


### 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 :


### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character ; ### quality , including technical merit , aesthetic and functional characteristics , accessibility , design for all users , environmental characteristics and innovative character including inter alia additional innovative solutions that are in addition to minimum requirements laid down in the contract notice , the descriptive document or the invitation to confirm interest ;


### internal costs , including costs relating to acquisition , such as production costs , use , such as energy consumption , maintenance costs , and end of life , such as collection and recycling costs and ### internal costs , including costs relating to acquisition , such as production costs , use , such as energy consumption , maintenance costs and availability of the resource in question , and end of life , such as collection and recycling costs and


### internal costs , including costs relating to acquisition , such as production costs , use , such as energy consumption , maintenance costs , and end of life , such as collection and recycling costs and ### internal costs , including costs relating to acquisition , such as production costs , use , such as energy consumption , maintenance costs , and end of life , such as collection and recycling costs


### member states may provide that at the request of the subcontractor and where the nature of the contract so allows , the contracting authority shall transfer due payments directly to the subcontractor for services , supplies or works provided to the main contractor . in such case , member states shall put in place appropriate mechanisms permitting the main contractor to object to undue payments . the arrangements concerning that mode of payment shall be set out in the procurement documents . ### member states may provide that payments to the subcontractor for services , supplies or works provided shall become due immediately if : the main contractor has provided all or part of the services , works or supplies to the contracting authority ; the contracting authority has accepted the services , supplies or works as having been provided in full ; or the subcontractor has without success set the main contractor a reasonable deadline for the provision of information about the circumstances outlined in and .


### the oversight body shall be responsible for the following tasks : monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies ; 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 ; 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 ; establishing and applying comprehensive , actionable ' red flag ' indicator systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest and other serious irregularities ; drawing the attention of the national competent institutions , including auditing authorities , to specific violations detected and to systemic problems ; examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities , which shall have the obligation to take it into account in their decisions or , where the analysis is not followed , to explain the reasons for disregarding it ; monitoring the decisions taken by national courts and authorities following a ruling given by the court of justice of the european union on the basis of article 267 of the treaty or findings of the european court of auditors establishing violations of union public procurement rules related to projects cofinanced by the union ; the oversight body shall report to the european anti - fraud office any infringement to union procurement procedures where these were related to contracts directly or indirectly funded by the european union . the tasks referred to in point shall be without fprejudice to the exercise of rights of appeal under national law or under the system established on the basis of directive 89 / 665 / eec . 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 shall be responsible for the following tasks : monitoring the application of public procurement rules and the related practice by contracting authorities and in particular by central purchasing bodies ; 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 ; 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 ; establishing and applying comprehensive , actionable ' red flag ' indicator systems to prevent , detect and adequately report instances of procurement fraud , corruption , conflict of interest and other serious irregularities ; drawing the attention of the national competent institutions , including auditing authorities , to specific violations detected and to systemic problems ; examining complaints from citizens and businesses on the application of public procurement rules in specific cases and transmitting the analysis to the competent contracting authorities , which shall have the obligation to take it into account in their decisions or , where the analysis is not followed , to explain the reasons for disregarding it ; monitoring the decisions taken by national courts and authorities following a ruling given by the court of justice of the european union on the basis of article 267 of the treaty or findings of the european court of auditors establishing violations of union public procurement rules related to projects cofinanced by the union ; the oversight body shall report to the european anti - fraud office any infringement to union procurement procedures where these were related to contracts directly or indirectly funded by the european union . the tasks referred to in point shall be without prejudice to the exercise of rights of appeal under national law or under the system established on the basis of directive 89 / 665 / eec . member states shall empower the competent authorities 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 . 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 .


### 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 .


### the commission shall review the economic effects on the internal market resulting from the application of the thresholds set in article 4 and report thereon to the european parliament and the council by 30 june 2017 . ### the commission shall review the economic effects on the internal market resulting from the application of the thresholds set in article 4 and report thereon to the european parliament and the council by 30 june 2015 .


### in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service , such as quality levels , environmental and climate performance levels , design for all requirements and conformity assessment , performance , use of the product , safety or dimensions , including requirements relevant to the product as regards the name under which the product is sold , terminology , symbols , testing and test methods , packaging , marking and labelling , user instructions , production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures ; ### in the case of public supply or service contracts a specification in a document defining the required characteristics of a product or a service , such as quality levels , environmental and climate performance levels , design for all requirements and conformity assessment , performance , use of the product , safety or dimensions , including requirements relevant to the product as regards the name under which the product is sold , terminology , symbols , testing and test methods , packaging , marking and labelling , user instructions and conformity assessment procedures ;


### ‘ donation’ means cash offerings and other donations in kind that constitute an economic advantage for the european political party or the european political foundation concerned . ### ‘ donation’ means cash offerings and other donations in kind that constitute an economic advantage for the european political party or the european political foundation concerned ; this does not apply to the activities of election campaign volunteers .


### donations from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern it , ### donations from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern the individual undertaking concerned ,


### donations from any public authority from a third country , including from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern it . ### donations from any public authority from a third country , including from any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it , their financial participation therein , or the rules which govern the individual undertaking concerned .


### the registry shall publish on a website created for the purpose the following : ### at the latest four weeks the communication date or after the european parliament has adopted its decision , the registry shall publish on a website created for the purpose the following :


### the names and statutes of all registered european political parties and european political foundations , together with the documents submitted as part of the application for registration in accordance with article 6 , at the latest four weeks after the european parliament has adopted its decision and , beyond this date , any amendments notified to the european parliament pursuant to article 6 and , ### the names and statutes of all registered european political parties and european political foundations , together with the documents submitted as part of the application for registration in accordance with article 6 , and , beyond this date , any amendments notified to the european parliament pursuant to article 6 and ,


### a list of those applications that have not been approved , together with the documents submitted as part of the application for registration in accordance with article 6 and the grounds for rejection , at the latest four weeks after the european parliament has adopted its decision , ### a list of those applications that have not been approved , together with the documents submitted as part of the application for registration in accordance with article 6 and the grounds for rejection ,


### the european parliament and the committee referred to in article 7 shall ensure that personal data collected by them pursuant to this regulation are not used for any purpose other than to ensure the legality , regularity and transparency of the funding of european political parties and european political foundations and the membership of european political parties . they shall destroy those personal data at the latest 24 months after publication of the relevant parts in accordance with article 24 . ### the european parliament , the commission , and the committee referred to in article 7 shall ensure that personal data collected by them pursuant to this regulation are not used for any purpose other than to ensure the legality , regularity and transparency of the funding of european political parties and european political foundations and the membership of european political parties . they shall destroy those personal data at the latest 24 months after publication of the relevant parts in accordance with article 24 .


### the european parliament and the committee referred to in article 7 shall ensure that personal data collected by them pursuant to this regulation are not used for any purpose other than to ensure the legality , regularity and transparency of the funding of european political parties and european political foundations and the membership of european political parties . they shall destroy those personal data at the latest 24 months after publication of the relevant parts in accordance with article 24 . ### the european parliament and the committee referred to in article 7 shall ensure that personal data collected by them pursuant to this regulation are not used for any purpose other than to ensure the legality , regularity and transparency of the funding of european political parties and european political foundations and the membership of european political parties . they shall destroy those personal data at the latest 36 months after publication of the relevant parts in accordance with article 24 .


### major accidents often have serious consequences , as evidenced by accidents like seveso , bhopal , schweizerhalle , enschede , toulouse and buncefield . moreover the impact can extend beyond national borders . this underlines the need to ensure that appropriate precautionary action is taken to ensure a high level of protection throughout the union for citizens , communities and the environment . ### major accidents often have serious consequences , as evidenced by accidents like seveso , bhopal , schweizerhalle , enschede , toulouse and buncefield . moreover the impact can extend beyond national borders . this underlines the need to ensure that appropriate precautionary action is taken to ensure a high level of protection throughout the union for citizens , communities , property and the environment .


### major accidents can have consequences beyond frontiers , and the ecological and economic cost of an accident is borne not only by the establishment affected but also by the member state concerned . it is therefore necessary to take measures ensuring a high level of protection throughout the union . ### major accidents can have consequences beyond frontiers , and the ecological and economic cost of an accident is borne not only by the establishment affected but also by the member state concerned . it is therefore necessary to take measures ensuring a high level of protection throughout the union and to strengthen cooperation between the member states and , for that reason , between the regional and local authorities , so as to prevent cross - border accidents and ensure coordinated response to major accidents .


### flexibility is needed in order to be able to amend annex i to deal with any unwanted effects from the alignment to regulation no 1272 / 2008 and subsequent adaptations to that regulation having an impact on the classification of dangerous substances . on the basis of harmonised criteria to be developed , derogations could be granted where notwithstanding their hazard classification , substances do not present a major accident hazard . there should also be a corresponding correction mechanism to deal with substances that need to be included within the scope of this directive because of their major accident hazard potential . ### flexibility is needed in order to be able to amend annex i to deal with any unwanted effects from the alignment to regulation no 1272 / 2008 and subsequent adaptations to that regulation having an impact on the classification of dangerous substances . on the basis of harmonised criteria to be developed , derogations could be granted where notwithstanding their hazard classification , substances do not present a major accident hazard . the assessment of possible derogations should start swiftly , in particular after the change of classification of a dangerous substance , to avoid unnecessary burdens for operators and competent authorities . there should also be a corresponding correction mechanism to deal with substances that need to be included within the scope of this directive because of their major accident hazard potential .


### operators should have a general obligation to take all necessary measures to prevent major accidents and to mitigate their consequences . where dangerous substances are present in establishments above certain quantities the operator should provide the competent authority with sufficient information to enable it to identify the establishment , the dangerous substances present and the potential dangers . the operator should also draw up and send to the competent authority a major - accident prevention policy setting out the operator ' s overall approach and measures , including appropriate safety management systems , for controlling major - accident hazards . ### operators should have a general obligation to take all necessary measures to prevent major accidents , to mitigate their consequences and to take recovery measures . where dangerous substances are present in establishments above certain quantities the operator should provide the competent authority with sufficient information to enable it to identify the establishment , the dangerous substances present and the potential dangers . the operator should also draw up and send to the competent authority a major - accident prevention policy setting out the operator ' s overall approach and measures , including appropriate safety management systems , for controlling major - accident hazards .


### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others . ### in order to promote access to information on the environment , in accordance with the aarhus convention on access to information , public participation in decision - making and access to justice in environmental matters , which was approved on behalf of the union by council decision 2005 / 370 / ec of 17 february 2005 on the conclusion , on behalf of the european community , of the convention on access to information , public participation in decision - making and access to justice in environmental matters , the level and quality of information to the public should be improved . in particular , persons likely to be affected by a major accident should be given sufficient information to inform them of the correct action to be taken in that event . information disseminated to the public should be worded clearly and intelligibly . in addition to providing information in an active way , without the public having to submit a request , and without precluding other forms of dissemination , it should also be made available permanently and kept up to date on the internet . in order to achieve greater transparency , more detailed and comprehensive information , including in the form of documents , should be made available to any natural or legal person upon request . at the same time there should be appropriate confidentiality safeguards , to address security - related concerns , among others .


### in order to provide for information exchange and to prevent future accidents of a similar nature , member states should forward information to the commission regarding major accidents occurring in their territory , so that the commission can analyze the hazards involved , and operate a system for the distribution of information concerning , in particular , major accidents and the lessons learned from them . this information exchange should also cover ' near misses ' which member states regard as being of particular technical interest for preventing major accidents and limiting their consequences . ### in order to provide for information exchange and to prevent future accidents of a similar nature , member states should forward information to the commission regarding major accidents occurring in their territory , so that the commission can analyze the hazards involved , and operate a system for the distribution of information concerning , in particular , major accidents and the lessons learned from them . this information exchange should also cover ' near misses ' which member states regard as being of particular technical interest for preventing major accidents and limiting their consequences . member states and the commission should strive to ensure the completeness of information held on information systems established in order to facilitate the exchange of information on major accidents .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adoption of criteria for derogations and amendments to the annexes of this directive . ### in order to adapt this directive to technical and scientific progress , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amendments to part 3 of annex i , and the annexes ii to vi of this directive . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council .


### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty in respect of the adoption of criteria for derogations and amendments to the annexes of this directive . ### the commission should be empowered to adopt delegated acts in accordance with article 290 of the treaty on the functioning of the european union in respect of the amendments to annexes ii to vi of this directive . it is of particular importance that the commission carry out appropriate and transparent consultations during its preparatory work , including at expert level , well in advance . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### since the objectives of the directive , namely to ensure a high level of protection of human health and the environment , cannot be sufficiently achieved by member states and can , therefore , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives , ### since the objectives of the directive , namely to ensure a high level of protection of human health , property and the environment , cannot be sufficiently achieved by member states and can , therefore , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve those objectives ,


### this directive lays down rules for the prevention of major accidents which involve dangerous substances , and the limitation of their consequences for human health and the environment , with a view to ensuring high levels of protection throughout the union in a consistent and effective manner . ### this directive lays down rules for the prevention of major accidents which involve dangerous substances , and the limitation of their consequences for human health , property and the environment , with a view to ensuring high levels of protection throughout the union in a consistent and effective manner .


### the exploitation of minerals in mines , quarries , or by means of boreholes , with the exception of underground gas storage in natural strata and disused mines and of chemical and thermal processing operations and storage related to those operations which involve dangerous substances , as defined in annex i ; ### the exploitation of minerals in mines , quarries , or by means of boreholes , with the exception of underground gas storage in natural strata , salt cavities and disused mines and of chemical and thermal processing operations and storage related to those operations which involve dangerous substances , as defined in annex i ;


### ' new establishment ' means an establishment that is newly constructed or has yet to enter into operation ; ### ' new establishment ' means an establishment that is newly constructed or has yet to enter into operation , or that due to modifications to its installations , activities or to its inventory of dangerous substances falls within the scope of this directive ;


### ‘ installation’ means a technical unit within an establishment in which dangerous substances are produced , used , handled or stored , including underground , and includes all the equipment , structures , pipework , machinery , tools , private railway sidings , docks , unloading quays serving the installation , jetties , warehouses or similar structures , floating or otherwise , necessary for the operation of the installation ; ### ‘ installation’ means a technical unit , within an establishment , in which dangerous substances are produced , used , handled or stored , including underground , and includes all the equipment , structures , pipework , machinery , tools , private railway sidings , docks , unloading quays serving the installation , jetties , warehouses or similar structures , floating or otherwise , necessary for the operation of the installation ;


### where it is demonstrated to the satisfaction of a competent authority , on the basis of the criteria referred to in paragraph 4 of this article , that particular substances present at an individual establishment or any part thereof and listed in parts 1 or 2 of annex i are incapable of creating a major accident hazard , due to the specific conditions pertaining in the establishment such as the nature of the packaging and containment of the substance or the location and quantities involved , the member state of the competent authority may decide not to apply the requirements set out in articles 7 to 19 of this directive to the establishment concerned . ### without prejudice to paragraph 1 , where it is demonstrated on the basis of the criteria referred to in annex vii , that particular substances present at an individual establishment or any part thereof and listed in parts 1 or 2 of annex i are incapable of creating a major accident hazard , due to the specific conditions pertaining in the establishment regarding the nature of the packaging and containment of the substance or the location and quantities involved , the competent authority of the member state may decide not to apply the requirements set out in article 9 , point of article 10 , article 11 and article 13 of this directive to the establishment concerned .


### the name or trade name of the operator and the full address of the establishment concerned ; ### the name and / or trade name of the operator and the full address of the establishment concerned ;


### the name or position of the person in charge of the establishment , if different from point ; ### the name and position of the person in charge of the establishment , if different from point ;


### information sufficient to identify the dangerous substances or category of substances involved ; ### information sufficient to identify the dangerous substances and category of substances involved ;


### the quantity and physical form of the dangerous substance or substances involved ; ### the quantity and physical form of the dangerous substance or substances concerned ;


### the quantity and physical form of the dangerous substance or substances involved ; ### the quantity , nature and physical form of the dangerous substance or substances involved ;


### the mapp shall be sent to the competent authority within the following time - limits : ### the mapp shall be made available to the competent authority within the following time - limits :


### for new establishments , a reasonable period of time prior to the start of construction or operation , ### for new establishments , a reasonable period of time prior to the start of construction , operation or modifications ,


### member states shall require the operator to draw up a document setting out the major - accident prevention policy and to ensure that it is properly implemented . the mapp shall be established in writing . it shall be designed to guarantee a high level of protection for human health and the environment . it shall be proportionate to the major - accident hazards . it shall include the operator ' s overall aims and principles of action , the role and responsibility of management and shall address safety culture with respect to the control of major - accident hazards . ### member states shall require the operator to draw up a document setting out the major - accident prevention policy and to ensure that it is properly implemented . the mapp shall be established in writing . it shall be designed to guarantee a high level of protection for human health , property and the environment . it shall be proportionate to the major - accident hazards . it shall include the operator ' s overall aims and principles of action , the role and responsibility of management and shall demonstrate how the high level of protection with respect to major - accident hazards is continuously ensured .


### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . the information shall be reviewed and where necessary updated at least once a year . ### member states shall ensure that the information referred to in annex v is permanently available to the public , including in an electronic format . that information shall be worded clearly and in a way that is intelligible to the public . the information shall be reviewed and where necessary updated at least once a year . upon request from any natural or legal person , member states shall ensure that more detailed and additional information going beyond the information referred to in annex v , and without prejudice to article 21 , is made available to that person .


### all persons liable to be affected by a major accident receive regularly and in the most appropriate form , without their having to request it , information on safety measures and requisite behaviour in the event of an accident ; ### all persons liable to be affected by a major accident receive regularly and in the most appropriate form , without their having to request it , information on safety measures and requisite behaviour in the event of an accident . that information shall be worded clearly and in a way that is intelligible to the public ;


### the information to be supplied under point of this paragraph shall include at least the information referred to in annex v . that information shall likewise be supplied to all establishments serving the public , including schools and hospitals , and to all neighbouring establishments in the case of establishments covered by article 8 . member states shall ensure that the information is supplied and that it is periodically reviewed and updated at least every five years . ### the information to be supplied under point of this paragraph shall include at least the information referred to in annex v . that information shall likewise be supplied to all establishments serving the public , including pre - school facilities , schools and hospitals , other public amenities , and to all neighbouring establishments in the case of establishments covered by article 8 . member states shall ensure that the information is supplied and that it is periodically reviewed and updated at least every five years . that information shall be updated in particular in the event of modifications as referred to in article 10 .


### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall so inform the other member state . ### where the member state concerned has decided that an establishment close to the territory of another member state is incapable of creating a major - accident hazard beyond its boundary for the purposes of article 11 and is not therefore required to produce an external emergency plan under article 11 , it shall inform the other member state of that decision and of its reasons for taking that decision .


### the commission shall make the databases referred to in paragraphs 3 and 5 available to the public . ### subject to article 21 , the commission shall make the databases referred to in paragraphs 3 and 5 available to the public .


### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 . ### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental protection shall be deemed sufficient for the purpose of paragraph 1 provided the organisation : has an office based in the territory affected by the decisions , acts or omissions subject to the provisions of article 14 , and meets the requirements of national law .


### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of paragraph 2 . the organisations referred to in the first subparagraph shall also be deemed to have rights capable of being impaired for the purpose of paragraph 2 . ### what constitutes a sufficient interest and impairment of a right shall be determined by the member states , consistently with the objective of giving the public concerned wide access to justice . to this end , the interest of any non - governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of point of the first subparagraph of paragraph 1 . the organisations referred to in the first subparagraph shall also be deemed to have rights capable of being impaired for the purpose of point of the first subparagraph of paragraph 1 .


### without prejudice to article 4 , in order to adapt annexes i to vii to technical progress , the commission shall adopt delegated acts in accordance with article 24 . ### in order to adapt annexes ii to vi to technical progress , the commission shall adopt delegated acts in accordance with article 24 .


### the powers to adopt the delegated acts referred to in articles 4 and 23 shall be conferred on the commission for an indeterminate period of time . 2 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3 . the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in articles 25 and 26 . ### - 1 . the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article the power to adopt delegated acts referred to in articles 4 and 23 shall be conferred on the commission for an indeterminate period of time from* . 1a . the delegation of power referred to in articles 4 and 23 may be revoked at any time by the european parliament or by the council . a decision to revoke shall put an end to the delegation of the power specified in that decision . it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein . it shall not affect the validity of any delegated acts already in force . 2 . as soon as it adopts a delegated act , the commission shall notify it simultaneously to the european parliament and to the council . 3 . a delegated act adopted pursuant to articles 4 and 23 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . _____________ * oj : please enter the date of entry into force of this directive .


### the powers to adopt the delegated acts referred to in articles 4 and 23 shall be conferred on the commission for an indeterminate period of time . ### the power to adopt the delegated acts referred to in article 23 shall be conferred on the commission for an indeterminate period of time .


### substances and mixtures excluded from this directive pursuant to article 2 and article 4 ### substances and mixtures subject to a derogation pursuant to article 4


### other conditions where applicable ### other conditions


### identification of neighbouring establishments , as well as other sites , areas and developments that could increase the risk or consequences of a major accident and of domino effects ; ### identification of neighbouring establishments , as well as other sites , areas and developments that could increase the risk or consequences of a major accident and of domino effects , including on the basis of information provided by the authorities ;


### identification of neighbouring establishments , as well as other sites , areas and developments that could increase the risk or consequences of a major accident and of domino effects ; ### identification , on the basis of information provided or made available by the competent authority , of neighbouring establishments , as well as other sites , areas and developments that could increase the risk or consequences of a major accident and of domino effects ;


### an explanation in simple terms of the activity or activities undertaken at the establishment . ### an explanation in simple terms of the activity or activities undertaken at the establishment and of the dangerous substances involved .


### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . the award of works concessions is presently subject to basic rules of directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts while the award of services concessions with a cross - border interest is subject to the principles of the treaty , and in particular the principle of free movement of goods , freedom of establishement and freedom to provide services as well as to the principles deriving therefrom such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . there is a risk of legal uncertainty related to different interpretations of the principles of the treaty by national legislators and of wide disparities among the legislations of different member states . such risk has been confirmed by the extensive case law of the court of justice of the european union but which has only partially addressed certain aspects of the award of concession contracts . hence , a uniform concretisation of the treaty principles across all member states and the elimination of discrepancies in their understanding following therefrom is necessary at the union level in order to eliminate persisting distortions of the internal market . ### public procurement plays a key role in the europe 2020 strategy as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . the award of works concessions is presently subject to basic rules of directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts while the award of services concessions with a cross - border interest is subject to the principles of the treaty , and in particular the principle of free movement of goods , freedom of establishment and freedom to provide services as well as to the principles deriving therefrom such as equal treatment , non - discrimination , mutual recognition , proportionality and transparency . there is a risk of legal uncertainty related to different interpretations of the principles of the treaty by national legislators and of wide disparities among the legislations of different member states . such risk has been confirmed by the extensive , evolving case law of the court of justice of the european union but which has only partially addressed certain aspects of the award of concession contracts . hence , a uniform concretisation of the treaty principles across all member states and the elimination of discrepancies in their understanding following therefrom is necessary at the union level in order to eliminate persisting distortions of the internal market .


### this directive should not in any way affect the freedom of member states or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties . member states or public authorities should remain free to define the characteristics of the service to be provided , including any conditions regarding the quality or price of the services , in order to pursue their public policy objectives ### in accordance with the subsidiarity principle enshrined in union law , this directive does not in any way affect the freedom of member states or public authorities to decide on the direct provision of works or services to the public or on the outsourcing of such provision to third parties . this also applies in particular to services of general interest and services of general economic interest within the meaning of article 14 tfeu and article 2 of protocol on services of general interest . the right of the member states or public authorities to define the characteristics of the service to be provided and indicate details , including any conditions regarding the quality or price of the services , in order to pursue their public policy objectives , is guaranteed .


### concessions are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , certain state acts such as authorisations or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity , should not qualify as concessions . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services . ### concessions for the purposes of this directive are contracts for pecuniary interest concluded between one or more economic operators and one or more contracting authorities or entities and having as their object the acquisition of works or services where the consideration consists , normally , in the right to exploit the works or services that are the subject of the contract . the execution of these works or services are subject to specific binding obligations defined by the contracting authority or entity which are legally enforceable . by contrast , even if they are termed ‘ concessions’ in some member states , certain state acts such as qualifications , authorisations , or licences whereby the state or a public authority establishes the conditions for the exercise of an economic activity or permits an economic operator to carry out works or exercise economic activities , including activities in the form of services , should not be considered concessions within the meaning of this directive . the same applies to certain agreements having as their object the right of an economic operator to exploit certain public domains or resources , such as land lease contracts whereby the state or contracting authority or entity establishes only general conditions for their use without acquiring specific works or services .


### difficulties related to the interpretation of the concepts of concession and public contract have been source of continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of substantial operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded . the application of specific rules governing the award of concessions would not be justified if the contracting authority or entity relieved the contractor of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recoupement of the investements and costs incurred by the operator for execution the work or provididng the service depends on the actual demand for or the availability of the service or asset . ### difficulties related to the interpretation of the concept of concession have generated continued legal uncertainty among stakeholders and have given rise to numerous judgments of the court of justice of the european union on this subject . therefore , the definition of concession should be clarified , in particular by referring to the concept of operating risk . the main feature of a concession , the right to exploit the works or services , always implies the transfer to the concessionaire of an economic risk involving the possibility that it will not recoup the investments made and the costs incurred in operating the works or services awarded under normal operating conditions . the application of specific rules governing the award of concessions would not be justified if the grantor relieved the concessionaire of any potential loss , by guaranteeing a minimal revenue , equal or higher to the costs that the contractor has to incur in relation with the performance of the contract . at the same time it should be made clear that certain arrangements which are fully paid by a contracting authority or a contracting entity should qualify as concessions where the recouping of the investments and costs incurred by the operator for execution the work or providing the service depends on the actual demand for or the availability of the service or asset .


### the notion of special or exclusive rights is central to the definition of the scope of this directive , since entities which are neither contracting entities pursuant to article 4 nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights . it is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria , notably pursuant to union legislation , and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this directive . this legislation should include directive 98 / 30 / ec of the european parliament and of the council of 22 june 1998 concerning common rules for the internal market in natural gas , directive 96 / 92 / ec of the european parliament and of the council of 19 december 1996 concerning common rules for the internal market in electricity , directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service , directive 94 / 22 / ec of the european parliament and of the council of 20 may 1994 on the conditions for granting and using authorisations for the prospection , exploration and production of hydrocarbons and regulation no 1370 / 2007 of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road and repealing council regulations nos 1191 / 69 and 1107 / 70 . the increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself . the union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services . the notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities . furthermore , the mere financing of an activity , which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended , does not usually fall under this directive . ### the notion of special or exclusive rights is central to the definition of the scope of this directive , since entities which are neither contracting entities pursuant to article 4 nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights . it is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria , notably pursuant to union legislation , and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this directive . this legislation should include directive 98 / 30 / ec of the european parliament and of the council of 22 june 1998 concerning common rules for the internal market in natural gas , directive 96 / 92 / ec of the european parliament and of the council of 19 december 1996 concerning common rules for the internal market in electricity , directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service , directive 94 / 22 / ec of the european parliament and of the council of 20 may 1994 on the conditions for granting and using authorisations for the prospection , exploration and production of hydrocarbons , regulation no 1370 / 2007 of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road and repealing council regulations nos 1191 / 69 and 1107 / 70 , and any national laws of a member state conforming to the principles of equal treatment , transparency , proportionality , and mutual recognition laid down in the treaty . the increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself . the union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services . the notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities . furthermore , the mere financing of an activity , which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended , does not usually fall under this directive .


### the notion of special or exclusive rights is central to the definition of the scope of this directive , since entities which are neither contracting entities pursuant to article 4 nor public undertakings are subject to its provisions only to the extent that they exercise one of the activities covered on the basis of such rights . it is therefore appropriate to clarify that rights which have been granted by means of a procedure based on objective criteria , notably pursuant to union legislation , and for which adequate publicity has been ensured do not constitute special or exclusive rights for the purposes of this directive . this legislation should include directive 98 / 30 / ec of the european parliament and of the council of 22 june 1998 concerning common rules for the internal market in natural gas , directive 96 / 92 / ec of the european parliament and of the council of 19 december 1996 concerning common rules for the internal market in electricity , directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service , directive 94 / 22 / ec of the european parliament and of the council of 20 may 1994 on the conditions for granting and using authorisations for the prospection , exploration and production of hydrocarbons and regulation no 1370 / 2007of the european parliament and of the council of 23 october 2007 on public passenger transport services by rail and by road and repealing council regulations nos 1191 / 69 and 1107 / 70 . the increasingly diverse forms of public action made it necessary to define more clearly the notion of procurement itself . the union rules on concessions refer to the acquisition of works or services for a consideration consisting in exploitation of those works or services . the notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works or services in question not requiring in all cases a transfer of ownership to contracting authorities or contracting entities . furthermore , the mere financing of an activity , which is frequently linked to the obligation to reimburse the amounts received where they are not used for the purposes intended , does not usually fall under this directive . ### the notion of special or exclusive rights is central to the definition of the scope of this directive , since entities which are neither contracting entities pursuant to article 4 nor public undertakings are subject to these provisions only to the extent that they exercise one of the activities covered on the basis of such rights .


### concessions may be awarded by contracting entities for the purpose of meeting the requirements of several activities , possibly subject to different legal regimes . it should be clarified that the legal regime applicable to a single concession intended to cover several activities should be subject to the rules applicable to the activity for which it is principally intended . determination of the activity for which the concession is principally intended may be based on an analysis of the requirements which the specific concession must meet , carried out by the contracting entity for the purposes of estimating the concession value and drawing up the concession award documents . in certain cases , it might be objectively impossible to determine for which activity the concession is principally intended . the rules applicable to such cases should be indicated . ### concessions may be awarded by a grantor for the purpose of meeting the requirements of several activities , possibly subject to different legal regimes . it should be clarified that the legal regime applicable to a single concession intended to cover several activities should be subject to the rules applicable to the activity for which it is principally intended . determination of the activity for which the concession is principally intended may be based on an analysis of the requirements which the specific concession must meet , carried out by the grantor for the purposes of estimating the concession value and drawing up the concession documents . in certain cases , it might be objectively impossible to determine for which activity the concession is principally intended . the rules applicable to such cases should be indicated .


### this directive should not apply to concessions awarded by contracting entities and intended to permit the performance of an activity referred to in annex iii if , in the member state in which this activity is carried out , it is directly exposed to competition on markets to which access is not limited , as established following a procedure provided for to this purpose in accordance with art . 27 and 28 of directive [ current 2004 / 17 / ec ] . this procedure should provide legal certainty for the entities concerned , as well as an appropriate decision - making process , ensuring , within short time limits , uniform application of union law in this area . ### concessions awarded by contracting entities and intended to permit the performance of an activity referred to in annex iii in a member state in which the activity is directly exposed to competition on markets to which access is not limited , should not be considered concessions within the meaning of this directive , and should not therefore be subject to it . direct exposure to competition must be analysed in accordance with art . 27 and 28 of the directive [ current 2004 / 17 / ec ] . this procedure should provide legal certainty for the entities concerned , as well as an appropriate decision - making process , ensuring , within short time limits , uniform application of union law in this area .


### in order to ensure adequate advertisement of works and services concessions above a certain value awarded by contracting entities and by the contracting authorities , the award of such contracts should be preceded by the compulsory publication of a concession notice in the official journal of the european union . the thresholds should reflect the clear cross - border interest of concessions to economic operators located in other member states . to calculate the value of a services concession , account must be taken of the estimated value of all services to be provided by the concessionaire from the point of view of a potential tenderer . ### in order to ensure adequate advertisement of works and services concessions equal to or above a certain threshold , the award of such contracts should be preceded by the compulsory publication of a concession notice in the official journal of the european union .


### given the importance of the cultural context and the sensitivity of these services , member states should be given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive do not prevent member states to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of concessions , for example through the mere financing of such services or by granting licences or authorisations to all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity , without any limits or quotas , provided such system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . ### given the importance of the cultural context and the sensitivity of these services , member states are given wide discretion to organise the choice of the service providers in the way they consider most appropriate . the rules of this directive do not prevent member states to apply specific quality criteria for the choice of service providers , such as the criteria set out in the voluntary european quality framework for social services of the european union ' s social protection committee . member states and / or public authorities remain free to provide these services themselves or to organise social services in a way that does not entail the conclusion of concessions , for example through the mere financing of such services or by granting licences or authorisations to or concluding agreements with all economic operators meeting the conditions established beforehand by the contracting authority or contracting entity , without any limits or quotas , provided such system ensures sufficient advertising and complies with the principles of transparency and non - discrimination . .


### in order to make it possible for all interested operators to submit applications and tenders , contracting authorities and contracting entities should be obliged to respect a minimum time limit for the receipt of such applications . ### in order to make it possible for all interested operators to submit applications or tenders , the grantor should be obliged to respect a minimum time limit for the receipt of such applications or tenders .


### in order to ensure transparency and equal treatment , criteria for the award of concessions should always comply with some general standards . these should be disclosed in advance to all potential tenderers , be related to the subject matter of the contract and should not offer to the contracting authority or contracting entity an unrestricted freedom of choice . they should ensure the possibility of effective competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified . in order to comply with these standards while improving legal certainty , member states may provide for the use of the criterion of the most economically advantageous tender . ### in order to ensure transparency and equal treatment , criteria for the award of concessions should always comply with some general standards . these should be disclosed in advance to all candidates or tenderers and be related to the subject matter of the contract . they should ensure the possibility of effective competition and be accompanied by minimum requirements that allow the information provided by the candidates or tenderers to be effectively verified by the grantor .


### concessions are usually long term , complex arrangements where the contractor assumes responsibilities and risks traditionally born by the contracting authorities and normally falling within their remit and contracting entities . for this reason , contracting authorities or entities should maintain a margin of flexibility in organising the awarding process , involving also a possibility to negotiate the content of the contract with the candidates . however , in order to ensure equal treatment and transparency throughout the awarding procedure , it is appropriate to provide for certain requirements as to the structure of the awarding process , including negotiations , the dissemination of information and the availability of written records . it is also necessary to provide that the initial terms of the concession notice should not be deviated from , in order to prevent unfair treatment of any potential candidates . ### concessions are usually long - term , complex arrangements where the concessionaire assumes the responsibilities and risks traditionally borne by the grantor and normally falling within its remit . for this reason , the grantor must maintain a real margin of flexibility in organising the awarding process and negotiating the content of the contract with the candidates and tenderers , while ensuring respect for the principles of equal treatment and transparency throughout the procedure .