### in respect of any measure which may give rise to expenditure chargeable to the budget , the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of article 178 . ### notwithstanding article 82 , in respect of any measure which may give rise to expenditure chargeable to the budget , the authorising officer responsible must first make a budgetary commitment before entering into a legal obligation with third parties or transferring funds to a trust fund on the basis of article 178 . however , in the case of humanitarian aid operations , civil protection operations and crisis management aid , and when the urgency of the situation so demands , the registration of the amounts may be done immediately after the signature of the corresponding individual legal commitment .


### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting , the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 . ### in order to ensure uniform conditions for the implementation of this directive , in particular concerning the format of ingredients reporting , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 .


### member states shall prohibit the use of flavourings in the components of tobacco products such as filters , papers , packages , capsules or any technical features allowing modification of flavour or smoke intensity . filters and capsules shall not contain tobacco . ### the use of flavourings in the components of tobacco products such as filters , papers , packages , capsules or any technical features allowing modification of flavour or smoke intensity shall be prohibited . filters and capsules shall not contain tobacco .


### in order to ensure independence and transparency , manufacturers of tobacco products should conclude data storage contracts with independent third parties , under the auspices of an external auditor . the data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from member states and the commission . ### in order to ensure independence and transparency , member states should conclude data storage contracts with independent third parties under the auspices of an external auditor , who should be appointed by the commission . the data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from member states and the commission .


### in case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the commission shall be empowered to adopt delegated acts in accordance with article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour . ### in case a certain additive or a combination thereof typically imparts a flavour or increases palatability only when it exceeds a certain level of presence or concentration the commission shall be empowered to adopt delegated acts in accordance with article 22 to set maximum levels for those additives or combination of additives by modifying annex - i accordingly .


### member states shall oblige retail outlets intending to engage in cross - border distance sales to consumers located in the union to register with the competent authorities in the member state where the retail outlet is established and in the member state where the actual or potential consumer is located . retail outlets established outside the union have to register with the competent authorities in the member state where the actual or potential consumer is located . all retail outlets intending to engage in cross - border distance sales shall submit at least the following information to the competent authorities : ### member states shall prohibit the sale of tobacco products over the internet in their territory .


### the following nicotine - containing products may only be placed on the market if they were authorised pursuant to directive 2001 / 83 / ec : ### nicotine - containing products may only be placed on the market if they are authorised pursuant to directive 2001 / 83 / ec , taking into account the well - established use of nicotine .


### directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use provides a legal framework to assess the quality , safety and efficacy of medicinal products including nicotine containing products . a significant number of nicotine - containing products were already authorised under this regulatory regime . the authorisation takes into account the nicotine content of the product in question . subjecting all nicotine - containing products , whose nicotine content equals or exceeds the content of a nicotine containing product previously authorised under directive 2001 / 83 / ec , to the same legal framework clarifies the legal situation , levels out differences between national legislations , ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation . this should be without prejudice to the application of directive 2001 / 83 / ec to other products covered by this directive if the conditions set by directive 2001 / 83 / ec are fulfilled . ### directive 2001 / 83 / ec of the european parliament and of the council of 6 november 2001 on the community code relating to medicinal products for human use provides a legal framework to assess the quality , safety and efficacy of medicinal products including nicotine containing products . a significant number of nicotine - containing products were already authorised under this regulatory regime . the authorisation takes into account the nicotine content of the product in question . however , measuring nicotine delivery has proven to be difficult , as it depends on the products and how they are being used . therefore , subjecting all nicotine - containing products regardless of their nicotine content to directive 2001 / 83 / ec clarifies the legal situation , levels out differences between national legislations , ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation . this should be without prejudice to the application of directive 2001 / 83 / ec to other products covered by this directive if the conditions set by directive 2001 / 83 / ec are fulfilled .


### member states shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party , which shall host the data storage facility for data relating to the manufacturer and importer concerned . the data storage facility shall be physically located on the territory of the union . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by an external auditor , who is proposed and paid by the tobacco manufacturer and approved by the commission . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations . ### member states shall conclude data storage contracts with an independent third party , which shall host the data storage facility for data relating to manufacturers and importers of tobacco products under their jurisdiction . the data storage facility shall be physically located on the territory of the union . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by an external auditor , who is paid by the tobacco manufacturer and appointed by the commission . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations .


### member states shall , based on scientific evidence , prohibit the placing on the market of tobacco products with additives in quantities that increase in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product . ### annex - i shall not contain , based on scientific evidence , additives in quantities that increase at the stage of consumption the toxic or addictive effect of a tobacco product .


### tobacco products for smoking , other than cigarettes and roll - your - own tobacco products , which are mainly consumed by older consumers , should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people . the labelling of these other tobacco products should follow specific rules . the visibility of the health warnings on smokeless tobacco products needs to be ensured . warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging . ### tobacco products for smoking , other than cigarettes and roll - your - own tobacco products , should be subject to the same labelling requirements as cigarettes and roll - your - own tobacco products . the visibility of the health warnings on smokeless tobacco products needs to be ensured . warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging .


### cross - border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive . common rules on a notification system are necessary to ensure that this directive achieves its full potential . the provision on notification of cross - border distance sales of tobacco in this directive should apply notwithstanding the notification procedure set out in directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights , as of 13 june 2014 . ### internet sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this directive , and should therefore be prohibited , in line with the implementing guidelines of the framework convention on tobacco control . business to consumer distance sale of tobacco products is further regulated by directive 97 / 7 / ec of the european parliament and the council of 20 may 1997 on the protection of consumers in respect of distance contracts , which will be replaced by directive 2011 / 83 / eu of the european parliament and the council of 25 october 2011 on consumer rights , as of 13 june 2014 .


### for cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets . these warnings shall have a width of not less than 20 mm and a height of not less than 43 mm . for roll - your - own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet . both the general warning and the information message shall cover 50% of the surface on which they are printed . ### for cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets . these warnings shall have a width of not less than 20 mm and a height of not less than 43 mm . for roll - your - own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet . both the general warning and the information message shall cover 50% of the surface on which they are printed . for tobacco for smoking other than cigarettes and roll - your - own tobacco , the general warning and the information message shall be printed on the lateral sides of the unit packets . both the general warning and the information message shall cover 50% of the surface on which they are printed .


### member states shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party , which shall host the data storage facility for data relating to the manufacturer and importer concerned . the data storage facility shall be physically located on the territory of the union . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by an external auditor , who is proposed and paid by the tobacco manufacturer and approved by the commission . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations . ### member states shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party which shall host the data storage facility for data relating to the manufacturer and importer concerned . the data storage facility shall be physically located on the territory of the union . the independent third party shall be free from commercial and other vested interests of the tobacco industry and other related industries . the suitability of the third party , in particular its independence and technical capacities , as well as the contract , shall be approved and monitored by the commission , assisted by an independent external auditor , who is paid by the tobacco manufacturer and approved by the commission . member states shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis . in duly justified cases member states or the commission can provide manufacturers or importers access to this information , provided commercially sensitive information remains adequately protected in conformity with the relevant national and union legislations .


### in order to ensure independence and transparency , manufacturers of tobacco products should conclude data storage contracts with independent third parties , under the auspices of an external auditor . the data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from member states and the commission . ### in order to ensure independence and transparency , member states should conclude data storage contracts with independent third parties , under the auspices of an external auditor , who should be appointed by the commission . the data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from member states and the commission . member states should ensure full transparency and accessibility of the data storage facilities for the competent authorities of the member states , the commission and the independent third party on a permanent basis .


### the following nicotine - containing products may only be placed on the market if they were authorised pursuant to directive 2001 / 83 / ec : products with a nicotine level exceeding 2 mg per unit , or products with a nicotine concentration exceeding 4 mg per ml or products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml . 2 . the commission shall be empowered to adopt delegated acts in accordance with article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations granted to nicotine - containing products pursuant to directive 2001 / 83 / ec . 3 . each unit packet and any outside packaging of nicotine - containing products below the thresholds set out in paragraph 1 shall carry the following health warning : this product contains nicotine and can damage your health . 4 . the health warning referred to in paragraph 3 shall comply with the requirements specified in article 10 . in addition , it shall : be printed on the two largest surfaces of the unit packet and any outside packaging ; cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging . that proportion shall be increased to 32 % for member states with two official languages and 35 % for member states with three official languages . 5 . the commission shall be empowered to adopt delegated acts in accordance with article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position , format , layout , designand rotation of the health warnings . ### nicotine - containing products that are presented as having properties for treating or preventing disease in human beings , other than through any message specified in paragraph 3 , may only be placed on the market if they were authorised pursuant to directive 2001 / 83 / ec . 1 a . this directive shall not apply to nicotine - containing products authorised pursuant to directive 2001 / 83 / ec . 1 b . for nicotine - containing products where paragraph 1 does not apply , the products may be placed on the market if they comply with this directive 1 c . member states shall ensure that nicotine containing products comply with european union consumer protection , safety and other relevant legislation in force 1 d . no later than 12 months from entry into force of this directive , each member state shall provide the commission with a report on the measures it has taken to implement and enforce the legislation set out in [ new ] annex iv as it applies to nicotine containing products and the effectiveness of those measures . 1 e . member states shall ensure that nicotine - containing products are not sold to persons below the national legal age for purchasing tobacco products . 2 . the commission shall , by 1 april 2017 , carry out a study on nicotine - containing products in consultation with relevant stakeholders and the member states . this study will consider whether there is a need for specific legislation in regard to nicotine - containing products . 3 . each unit packet and any outside packaging of nicotine - containing products which do not fall under the scope of directive 2001 / 83 / ec shall carry the following health warning : this product contains nicotine which is addictive and may damage your health .


### 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 services22 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 , in award criteria and in contract performance clauses , 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 include , in the award criterion characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may concern among others 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 be linked to the subject matter of the contract . 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 services22 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 . contracting authorities may include social considerations in the technical specifications when this is relevant and linked to the subject matter of the contract .


### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union legislation in the field of social and labour law or environmental law or by the international social and environmental law provisions listed in annex xi . ### contracting authorities shall reject the tender , where they have established that the tender is abnormally low because it does not comply with obligations established by union and national legislation in the field of social , labour , health , safety or environmental law , collective agreements applicable in the place where the work , service or supply is to be performed , or by the international social and environmental law provisions listed in annex xi .


### procurement within the meaning of this directive is the purchase or other forms of acquisition of works , supplies or services by one or more contracting authorities from economic operators chosen by those contracting authorities , whether or not the works , supplies or services are intended for a public purpose . ### procurement within the meaning of this directive is the purchase of works , supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities .


### whenever a common methodology for the calculation of life - cycle costs is adopted as part of a legislative act of the union , including by delegated acts pursuant to sector specific legislation , it shall be applied where life - cycle costing is included in the award criteria referred to in article 66 . ### any common methodology for the calculation of life - cycle costs adopted as part of a legislative act of the union , pursuant to sector specific legislation , or as part of a european technical specification shall be deemed to meet the criteria as set out in paragraph 2 . and may be included in the award criteria referred to in article 66 .


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


### under article 11 of the treaty on the functioning of the european union , environmental protection requirements must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development , whilst ensuring that they can obtain the best value for money for their contracts . ### under articles 9 , 10 and 11 of the treaty on the functioning of the european union , environmental protection requirements and social considerations must be integrated into the definition and implementation of the union policies and activities , in particular with a view to promoting sustainable development . this directive clarifies how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development and how they can use their discretionary power to select technical specifications and award criteria with the aim of achieving sustainable public procurement , whilst ensuring the link to the subject matter of the contract and obtaining the best value for money for their contracts . under article 9 of the treaty on the functioning of the european union , requirements linked to the guarantee of adequate social protection and the fight against social exclusion in defining and implementing its policies and activities should be taken into account when defining and implementing union policies and activities , especially to promote a high level of employment . this directive also specifies how contracting authorities can help promote social criteria and improve employees’ rights whilst ensuring that they can obtain the best social value for money for their contracts by encouraging sustainable public procurement , the respect of social criteria in all stages of the procurement procedure and the respect of obligations established by union and / or national legislation and / or collective agreements in the field of social and employment protection provisions and working conditions or environmental law or of the international social and environmental law provisions listed in annex xi , which are in force in the member state , in the region or locality where the works are to be carried out or the services are to be provided .


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


### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . ### the technical specifications drawn up by public purchasers need to allow public procurement to be opened up to competition . to that end , it must be possible to submit tenders that reflect the diversity of technical solutions so as to obtain a sufficient level of competition . consequently , technical specifications should be drafted in such a way to avoid artificially narrowing down competition through requirements that favour a specific economic operator by mirroring key characteristics of the supplies , services or works habitually offered by that economic operator . drawing up the technical specifications in terms of functional and performance requirements generally allows this objective to be achieved in the best way possible and favours innovation . where reference is made to a european standard or , in the absence thereof , to a national standard , tenders based on equivalent arrangements must be considered by contracting authorities . to demonstrate equivalence , tenderers can be required to provide third - party verified evidence ; however , other appropriate means of proof such as a technical dossier of the manufacturer should also be allowed where the economic operator concerned has no access to such certificates or test reports , or no possibility of obtaining them within the relevant time limits . in order not to discriminate those tenderers who invest time and money for certificates or test reports , the burden for providing equivalence should be placed on the tenderer claiming equivalence .


### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures . ### the exclusions provided for in paragraphs 1 to 4 shall cease to apply from the moment any private participation takes place , with the effect that ongoing contracts need to be opened to competition through regular procurement procedures , unless the private participation is legally enforced and / or the private participation was not foreseeable at the time of the initial contracting .


### the chairperson of the contracting authority and members of decision - making bodies of the contracting authority who , without necessarily being involved in the conduct of the procurement procedure , may nevertheless influence the outcome of that procedure . ### the chairperson of the contracting authority who , without necessarily being involved in the conduct of the procurement procedure , may nevertheless influence the outcome of that procedure .


### public procurement plays a key role in the europe 2020 strategy12 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors13 and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts14 have to be revised and modernised in order to increase the efficiency of public spending , facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . ### public procurement plays a key role in the europe 2020 strategy12 as one of the market - based instruments to be used to achieve a smart , sustainable and inclusive growth while ensuring the most efficient use of public funds . for that purpose , the current public procurement rules adopted pursuant to directive 2004 / 17 / ec of the european parliament and of the council of 31 march 2004 coordinating the procurement procedures of entities operating in the water , energy , transport and postal services sectors13 and directive 2004 / 18 / ec of the european parliament and of the council of 31 march 2004 on the coordination of procedures for the award of public works contracts , public supply contracts and public service contracts14 have to be revised and modernised in order to enable procurer to make better use of public procurement in support of sustainable development and other common societal goals , thereby increasing the efficiency of public spending , ensuring best value for money and facilitating in particular the participation of small and medium - sized enterprises in public procurement and to enable procurers to make better use of public procurement in support of common societal goals . there is also a need to simplify the directives and to clarify basic notions and concepts to ensure better legal certainty and to incorporate certain aspects of related well - established case - law of the court of justice of the european union . this directive provides legislation on how to buy . contracting authorities may set demands that are stricter or go further than current union legislation in order to reach the common objectives .


### a contracting authority , which does not exercise over a legal person control within the meaning of paragraph 1 , may nevertheless award a public contract without applying this directive to a legal person which it controls jointly with other contracting authorities , where the following conditions are fulfilled : ### a contracting authority , which does not exercise over a legal person control within the meaning of paragraph 1 , may nevertheless award a public contract outside the scope of this directive to a legal person which it controls jointly with other contracting authorities , where the following conditions are fulfilled :


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental , labour or social obligations , including rules on working conditions , collective agreements and accessibility for disabled persons , health and safety at work or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


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


### 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 , at the same time ensuring that contracting authorities may 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 .


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


### it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non - discriminatory criteria ; ### it is based on objectively verifiable and non - discriminatory criteria ;


### 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 services22 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 , in award criteria and in contract performance clauses , 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 include , in the award criterion characteristics related to the working conditions of the persons directly participating in the process of production or provision in question . those characteristics may concern among others 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 be linked to the subject matter of the contract . 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 services22 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 . contracting authorities may include social considerations in the technical specifications when this is relevant and linked to the subject matter of the contract .


### ‘ common technical specification’ means a technical specification laid down in accordance with a procedure recognised by the member states or in accordance with articles 9 and 10 of parliament and council regulation [ xxx ] on european standardisation [ and amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 105 / ec and 2009 / 23 / ec of the european parliament and the council ] which has been published in the official journal of the european union ; ### ' common technical specification ' means a technical specification laid down in accordance with a procedure recognised by the member states or , in the field of information and communication technologies , in accordance with articles 9 and 10 of parliament and council regulation [ xxx ] on european standardisation [ and amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 105 / ec and 2009 / 23 / ec of the european parliament and the council ] which has been published in the official journal of the european union ;


### procurement within the meaning of this directive is the purchase or other forms of acquisition of works , supplies or services by one or more contracting authorities from economic operators chosen by those contracting authorities , whether or not the works , supplies or services are intended for a public purpose . ### procurement within the meaning of this directive is the purchase of works , supplies or services via public contracts by one or more contracting authorities from economic operators chosen by those contracting authorities .


### they are established for or have the specific purpose of meeting needs in the general interest , not having an industrial or commercial character ; for that purpose , a body which operates in normal market conditions , aims to make a profit , and bears the losses resulting from the exercise of its activity does not have the purpose of meeting needs in the general interest , not having an industrial or commercial character ; ### it is established for the specific purpose of meeting needs in the general interest , not having a merely industrial and commercial character ;


### where contracting authorities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . the determination of these criteria depends on the subject - matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and 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 . ### contracting authorities must determine award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . to identify the tender representing best value , contracting authorities should use objective criteria that are linked to the subject matter of the contract . the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority , however . rather , the award procedure should guarantee effective competition through strict compliance with the principles of transparency , non - discrimination and equal treatment . these principles require , among other things , that the information provided by the tenderers be effectively and transparently verified .


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


### 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 .


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


### it has also proven necessary to clarify what should be understood as a single procurement , with the effect that the aggregate value of all contracts concluded for the purpose of this procurement has to be taken into account with regard to the thresholds of this directive , and that the procurement should be advertised as a whole , possibly split into lots . the concept of single procurement encompasses all supplies , works and services needed to carry out a particular project , for instance a works project or an entirety of works , supplies and / or services . indications for the existence of one single project can for instance consist in overall prior planning and conception by the contracting authority , the fact that the different elements purchased fulfil a single economic and technical function or that they are otherwise logically interlinked and carried out in a narrow time frame . ### it has also proven necessary to clarify what should be understood as a single procurement , with the effect that the aggregate value of all contracts concluded for the purpose of this procurement has to be taken into account with regard to the thresholds of this directive , and that the procurement should be advertised as a whole , possibly split into lots . the concept of single procurement encompasses all supplies , works and services needed to carry out a particular project , for instance a works project or an entirety of works , supplies and / or services .


### ‘ common technical specification’ means a technical specification laid down in accordance with a procedure recognised by the member states or in accordance with articles 9 and 10 of parliament and council regulation [ xxx ] on european standardisation [ and amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 105 / ec and 2009 / 23 / ec of the european parliament and the council ] which has been published in the official journal of the european union ; ### ' common technical specification ' means a technical specification laid down in accordance with a procedure recognised by the member states or , in the field of in formation and communication technologies , in accordance with articles 9 and 10 of parliament and council regulation [ xxx ] on european standardisation [ and amending council directives 89 / 686 / eec and 93 / 15 / eec and directives 94 / 9 / ec , 94 / 25 / ec , 95 / 16 / ec , 97 / 23 / ec , 98 / 34 / ec , 2004 / 22 / ec , 2007 / 23 / ec , 2009 / 105 / ec and 2009 / 23 / ec of the european parliament and the council ] which has been published in the official journal of the european union ;


### where contracting authorities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . the determination of these criteria depends on the subject - matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and 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 . ### contracting authorities must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value , including environmental and social responsibility , for money . the determination of these criteria depends on the subject - matter of the contract or the subject matter of the production since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matters of the contract and production , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and they should ensure the possibility of effective and fair competition and be accompanied by requirements that allow the information provided by the tenderers to be effectively verified .


### 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 is aware of any violation of obligations established by union or national legislation in the field of social , labour , health , safety or environmental law , collective agreements applicable in the place where the work , service or supply is to be performed , or by 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 .


### 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 . ### 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 continues to advance significantly , and sector - specific applications of life - cycle costing continue to be developed , tested , and refined . it therefore appears appropriate to continue to use sector - specific legislation to set mandatory objectives and targets in the context of the particular policies and conditions prevailing in the relevant sector to further the use of public procurement in support of sustainable growth . these efforts should incorporate sector - appropriate applications of sound methodologies for life cycle costing . in accordance with other provisions of this directive , mandatory procurement criteria adopted through sector - specific legislation may also include technical specifications and award criteria that incorporate sustainability considerations relating to generalised social and environmental benefits or harms , even where these have not been or cannot be monetised , provided that they are linked with the subject matter of the contract and strictly adhere to the principles of transparency , non - discrimination , and equal protection .


### 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 as long as they are linked to the subject matter of the contract . if they do not authorise variants , they shall indicate this 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 rejected without such indication .


### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question may be taken into consideration , with the consequence that , following the award of the contract , such staff may only be replaced with the consent of the contracting authority , which must verify that replacements ensure equivalent organisation and quality ; ### for service contracts and contracts involving the design of works , the organisation , qualification and experience of the staff assigned to performing the contract in question may be taken into consideration ; replacements of the staff following the award of the contract shall ensure equivalent organisation and quality and shall be notified to the contracting authority ;


### the criteria of the label are set by a third party which is independent from the economic operator applying for the label . ### the requirements to be met in order to obtain the label are set by a third party which is independent from the economic operator applying for the label .


### it has been drawn up on the basis of scientific information or is based on other objectively verifiable and non - discriminatory criteria ; ### it is based on objectively verifiable and non - discriminatory criteria ;


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


### for every contract or framework agreement , and every time a dynamic purchasing system is established , contracting authorities shall draw up a written report which shall include at least the following : ### for every above threshold procurement be it a contract or framework agreement or every time a dynamic purchasing system is established , contracting authorities shall draw up a written report which shall include at least the following :


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


### 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 .


### where contracting authorities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . the determination of these criteria depends on the subject - matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and 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 . ### where contracting authorities choose to award a contract to the most economically advantageous tender , they must determine the award criteria on the basis of which they will assess tenders in order to identify which one offers the best value for money . the determination of these criteria depends on the subject - matter of the contract since they must allow the level of performance offered by each tender to be assessed in the light of the subject - matter of the contract , as defined in the technical specifications , and the value for money of each tender to be measured . furthermore , the chosen award criteria should not confer an unrestricted freedom of choice on the contracting authority and 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 . where justified on public policy grounds in order to promote sustainable economic growth , contracting authorities may include criteria related to socio - economic impact in order to identify which tender offers the best value for money . such cases may arise where there is a need to develop and retain a skilled workforce , foster business capacity in order to ensure that contracting authorities ' future requirements can be met , or avoid any detrimental impact on the workforce or business capacity as a result of the contract award decision .


### contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities . for products that do not bear the label , contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof . ### contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the specific label indicated by the contracting authorities . contracting authorities shall accept other appropriate means of proving such requirements , which may include a technical dossier of the manufacturer where the economic operator concerned has no access to the label , or no possibility of obtaining it within the relevant time limits , provided that the lack of access is not attributable to the economic operator concerned . however in order not to discriminate those tenderers who invest time and money for certificates or test reports , the burden for approving equivalence should be placed on the tenderer claiming equivalence .


### contracting authorities shall require economic operators to explain the price or costs charged , where all of the following conditions are fulfilled : ### contracting authorities shall require economic operators to explain in a detailed manner the price or costs charged for their tender .


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


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


### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur innovation . buying innovative goods and services plays a key role in improving the efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . this directive should contribute to facilitating public procurement of innovation and help member states in achieving the innovation union targets . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market . ### research and innovation , including eco - innovation and social innovation , are among the main drivers of future growth and have been put at the centre of the europe 2020 strategy for smart , sustainable and inclusive growth . public authorities should make the best strategic use of public procurement to spur r&d and innovation . buying the r&d and deployment of innovative goods and services plays a key role in improving efficiency and quality of public services while addressing major societal challenges . it contributes to achieving best value for public money as well as wider economic , environmental and societal benefits in terms of generating new ideas , translating them into innovative products and services and thus promoting sustainable economic growth . the directive should contribute to facilitating public procurement of r&d and innovative goods and services and help member states in achieving the innovation union targets but should not introduce mandatory quotas for innovative public procurement as this would restrict competition and the choice of the contracting authorities . it is therefore appropriate to clarify as much as possible the possibilities to procure r&d and innovative goods and services . a specific procurement procedure should therefore be provided for which allows contracting authorities to establish a long - term innovation partnership for the development and subsequent purchase of a new , innovative product , service or works provided it can be delivered to agreed performance levels and costs . the partnership should be structured in such a way that it can provide the necessary ‘ market - pull’ , incentivising the development of an innovative solution without foreclosing the market .


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


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


### 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 . 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 .


### 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 to persons with disabilities , design for all users , environmental characteristics and innovative character ;


### 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 treaties , 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 and with the distribution of competencies as enshrined in article 14 of the treaty on the functioning of the european union and protocol no 26 . the european regulation of public procurement should respect the wide discretion of public authorities in carrying out their public service tasks . 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 labels are established in an open and transparent procedure in which all stakeholders , including government bodies , consumers , manufacturers , distributors and environmental organisations , may participate , ### the labels are established in an open and transparent procedure in which all relevant stakeholders , including government bodies , consumers , manufacturers , trade unions , distributors and environmental and social organisations , have a substantial role . government bodies may participate but are not obligatory .


### candidates and tenderers shall not be required to re - submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past four years in an earlier procedure and is still valid . ### candidates and tenderers shall not be required to re - submit a certificate or other documentary evidence that has already been submitted to the same contracting authority within the past two years in an earlier procedure and is still valid . the contracting authority is however entitled to demand more recent evidence in case of questionable validity during the procedure .


### 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 as long as they are linked to the subject matter of the contract . if they do not authorise variants , they shall indicate this 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 rejected without such indication .


### where contracting authorities assess the costs using a life - cycle costing approach , they shall indicate in the procurement documents the methodology used for the calculation of the life - cycle costs . the methodology used must fulfil all of the following conditions : ### where contracting authorities use a life - cycle costing approach , they shall indicate in the procurement documents the data to be provided by the tenderers and the method which the contracting authority will use to determine the life - cycle costs on the basis of these data .


### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental or social obligations , including rules on accessibility for disabled persons or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights . ### public contracts should not be awarded to economic operators that have participated in a criminal organisation or have been found guilty of corruption , fraud to the detriment of the union ' s financial interests or money laundering . non - payment of taxes or social security contributions should also be sanctioned by mandatory exclusion at the level of the union . furthermore , contracting authorities should be given the possibility to exclude candidates or tenderers for violations of environmental , labour or social obligations , including rules on working conditions , collective agreements and accessibility for disabled persons , health and safety at work or other forms of grave professional misconduct , such as violations of competition rules or of intellectual property rights .


### 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 treaties 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 and with the distribution of competencies as enshrined in article 14 tfeu and the protocol no 26 . the european regulation of public procurement should respect the wide discretion of public authorities in carrying out their public service tasks . 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 .


### 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 , energy efficiency performance , 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 ;


### external environmental costs directly linked to the life cycle , provided their monetary value can be determined and verified , which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs . ### external costs such as social and / or environmental costs , directly linked to the life cycle , provided their monetary value can be determined and verified , which may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs .


### in order to ensure uniform conditions for the implementation of this directive , as for the drawing up of the standard forms for the publication of notices , the standard form for the european procurement passport and the common template to be used by the oversight bodies for drawing up the implementation and statistical report , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no . 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers24 . the advisory procedure should be used for the adoption of these implementing acts , which do not have any impact either from the financial point of views or on the nature and scope of obligations stemming from this directive . on the contrary , these acts are characterised by a mere administrative purpose and serve to facilitate the application of the rules set by this directive . ### in order to ensure uniform conditions for the implementation of this directive , as for the drawing up of the standard forms for the publication of notices , the standard form for the european procurement passport , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no . 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers24 . the advisory procedure should be used for the adoption of these implementing acts , which do not have any impact either from the financial point of views or on the nature and scope of obligations stemming from this directive . on the contrary , these acts are characterised by a mere administrative purpose and serve to facilitate the application of the rules set by this directive .


### the contracting authority shall continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs . ### the contracting authority may either set a limited timeframe for the dialogue , which figures in the contract notice or continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs .


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


### ‘ 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 :


### 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 . ### 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 continues to advance significantly , and sector - specific applications of life - cycle costing continue to be developed , tested , and refined . it therefore appears appropriate to continue to use sector - specific legislation to set mandatory objectives and targets in the context of the particular policies and conditions prevailing in the relevant sector to further the use of public procurement in support of sustainable growth . these efforts should incorporate sector - appropriate applications of sound methodologies for life cycle costing . in accordance with other provisions of this directive , mandatory procurement criteria adopted through sector - specific legislation may also include technical specifications and award criteria that incorporate sustainability considerations relating to generalised social and environmental benefits or harms , even where these have not been or cannot be monetised , provided that they are linked with the subject matter of the contract and strictly adhere to the principles of transparency , non - discrimination , and equal protection .


### contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the label indicated by the contracting authorities . for products that do not bear the label , contracting authorities shall also accept a technical dossier of the manufacturer or other appropriate means of proof . ### contracting authorities requiring a specific label shall accept all equivalent labels that fulfil the requirements of the specific label indicated by the contracting authorities . contracting authorities shall accept other appropriate means of proving such requirements , which may include a technical dossier of the manufacturer where the economic operator concerned has no access to the label , or no possibility of obtaining it within the relevant time limits , provided that the lack of access is not attributable to the economic operator concerned . however in order not to discriminate those tenderers who invest time and money for certificates or test reports , the burden for approving equivalence should be placed on the tenderer claiming equivalence .


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


### where privileged links are identified , the contracting authority shall immediately inform the oversight body designated in accordance with article 84 and take appropriate measures to avoid any undue influence on the award process and ensure equal treatment of candidates and tenderers . where the conflict of interests cannot be effectively remedied by other means , the candidate or tenderer concerned shall be excluded from the procedure . ### where privileged links are identified , the contracting authority shall immediately take appropriate measures to avoid any undue influence on the award process , document those measures adequately and ensure equal treatment of candidates and tenderers .