# Official Journal L 175/2018

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 175 |
| | |
| English edition | Legislation | Volume 6111 July 2018 |

ISSN 1977-0677

Official Journal

of the European Union

L 175

English edition

Legislation

Volume 6111 July 2018

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | * | Decision No 1/2018 of the EU-Ukraine Association Committee in Trade Configuration of 14 May 2018 updating Annex XXI to Chapter 8 on Public Procurement of Title IV — Trade and Trade-Related Matters of the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement [2018/972] | 1 |

Contents

II   Non-legislative acts

page

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

*

Decision No 1/2018 of the EU-Ukraine Association Committee in Trade Configuration of 14 May 2018 updating Annex XXI to Chapter 8 on Public Procurement of Title IV — Trade and Trade-Related Matters of the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement [2018/972]

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

| 11.7.2018 | EN | Official Journal of the European Union | L 175/1 |
| --- | --- | --- | --- |

11.7.2018

EN

Official Journal of the European Union

L 175/1

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DECISION No 1/2018 OF THE EU-UKRAINE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION

of 14 May 2018

updating Annex XXI to Chapter 8 on Public Procurement of Title IV — Trade and Trade-Related Matters of the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement [2018/972]

THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), and in particular Article 149, Article 153 and Article 463 thereof,

Whereas:

| (1) | In accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016. |
| --- | --- |

(1)

In accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016.

| (2) | Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade Configuration, as set out in Article 465(4) of the Agreement. |
| --- | --- |

(2)

Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade Configuration, as set out in Article 465(4) of the Agreement.

| (3) | Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement. |
| --- | --- |

(3)

Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement.

| (4) | Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:






  (a) | Directive 2014/23/EU of the European Parliament and of the Council (2); |
| --- | --- | --- |

(4)

Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:

(a)

Directive 2014/23/EU of the European Parliament and of the Council (2);

| (b) | Directive 2014/24/EU of the European Parliament and of the Council (3); |
| --- | --- |

(b)

Directive 2014/24/EU of the European Parliament and of the Council (3);

| (c) | Directive 2014/25/EU of the European Parliament and of the Council (4). |
| --- | --- |

(c)

Directive 2014/25/EU of the European Parliament and of the Council (4).

| (5) | The abovementioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170 (5), (EU) 2015/2171 (6) and (EU) 2015/2172 (7), respectively. |
| --- | --- |

(5)

The abovementioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170 (5), (EU) 2015/2171 (6) and (EU) 2015/2172 (7), respectively.

| (6) | Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. |
| --- | --- |

(6)

Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.

| (7) | It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement. |
| --- | --- |

(7)

It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement.

| (8) | The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis. |
| --- | --- |

(8)

The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis.

| (9) | Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade Configuration any of its powers, including the power to take binding decisions. |
| --- | --- |

(9)

Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade Configuration any of its powers, including the power to take binding decisions.

| (10) | The EU-Ukraine Association Council empowered the Association Committee in Trade Configuration in its Decision No 3/2014 (8) of 15 December 2014 to update or amend certain trade-related annexes. |
| --- | --- |

(10)

The EU-Ukraine Association Council empowered the Association Committee in Trade Configuration in its Decision No 3/2014 (8) of 15 December 2014 to update or amend certain trade-related annexes.

| (11) | Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade Configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis. |
| --- | --- |

(11)

Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade Configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis.

| (12) | Article 152(3) specifies that a favourable opinion by the Association Committee in Trade Configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union acquis. |
| --- | --- |

(12)

Article 152(3) specifies that a favourable opinion by the Association Committee in Trade Configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union acquis.

| (13) | It is therefore appropriate for the Association Committee in Trade Configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap, |
| --- | --- |

(13)

It is therefore appropriate for the Association Committee in Trade Configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap,

HAS ADOPTED THIS DECISION:

Article 1

Annex XXI to Chapter 8 on Public Procurement to the Title IV on Trade and Trade-Related Matters of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex, which is attached to this Decision.

Article 2

A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the Government of Ukraine on 24 February 2016.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 14 May 2018.

For the Association Committee in Trade Configuration

The Chair

Nataliya MYKOLSKA

The Secretaries

For Ukraine

Oleksiy ROZHKOV

For the EU

Christian Frigaard RASMUSSEN

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(1)  
  OJ L 161, 29.5.2014, p. 3.

1

(2)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

2

(3)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

3

(4)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

4

(5)  Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 5).

5

(6)  Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 7).

6

(7)  Commission Delegated Regulation (EU) 2015/2172 of 24 November 2015 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 9).

7

(8)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (OJ L 158, 24.6.2015, p. 4).

8

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ANNEX

‘ANNEX XXI-A TO CHAPTER 8 ON PUBLIC PROCUREMENT

INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, LEGISLATIVE APPROXIMATION AND MARKET ACCESS

| Phase | | Indicative time schedule | Market access granted to the EU by Ukraine | Market access granted to Ukraine by the EU | |
| --- | --- | --- | --- | --- | --- |
| 1. | Implementation of Articles 150(2) and 151 of this Agreement
  Agreement of the Reform Strategy set out in Article 152 of this Agreement | 6 months after the entry into force of this Agreement | Supplies for central government authorities | Supplies for central government authorities | |
| 2. | Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC | 3 years after the entry into force of this Agreement | Supplies for state, regional and local authorities and bodies governed by public law | Supplies for state, regional and local authorities and bodies governed by public law | Annexes XXI-B and XXI-C |
| 3. | Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC | 4 years after the entry into force of this Agreement | Supplies for all contracting entities in the utilities sector | Supplies for all contracting entities | Annexes XXI-D and XXI-E |
| 4. | Approximation and implementation of other elements of Directive 2014/24/EU. Approximation and implementation of Directive 2014/23/EU | 6 years after the entry into force of this Agreement | Service and works contracts and concessions for all contracting authorities | Service and works contracts and concessions for all contracting authorities | Annexes XXI-F, XXI-G, and XXI-H |
| 5. | Approximation and implementation of other elements of Directive 2014/25/EU | 8 years after the entry into force of this Agreement | Service and works contracts for all contracting entities in the utilities sector | Service and works contracts for all contracting entities in the utilities sector | Annexes XXI-I and XXI-J |

Phase

Indicative time schedule

Market access granted to the EU by Ukraine

Market access granted to Ukraine by the EU

1.

Implementation of Articles 150(2) and 151 of this Agreement

Agreement of the Reform Strategy set out in Article 152 of this Agreement

6 months after the entry into force of this Agreement

Supplies for central government authorities

Supplies for central government authorities

2.

Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC

3 years after the entry into force of this Agreement

Supplies for state, regional and local authorities and bodies governed by public law

Supplies for state, regional and local authorities and bodies governed by public law

Annexes XXI-B and XXI-C

3.

Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC

4 years after the entry into force of this Agreement

Supplies for all contracting entities in the utilities sector

Supplies for all contracting entities

Annexes XXI-D and XXI-E

4.

Approximation and implementation of other elements of Directive 2014/24/EU. Approximation and implementation of Directive 2014/23/EU

6 years after the entry into force of this Agreement

Service and works contracts and concessions for all contracting authorities

Service and works contracts and concessions for all contracting authorities

Annexes XXI-F, XXI-G, and XXI-H

5.

Approximation and implementation of other elements of Directive 2014/25/EU

8 years after the entry into force of this Agreement

Service and works contracts for all contracting entities in the utilities sector

Service and works contracts for all contracting entities in the utilities sector

Annexes XXI-I and XXI-J

ANNEX XXI-B TO CHAPTER 8 ON PUBLIC PROCUREMENT

BASIC ELEMENTS OF DIRECTIVE 2014/24/EU

OF 26 FEBRUARY 2014 ON PUBLIC PROCUREMENT

(PHASE 2)

TITLE I

Scope, definitions and general principles

CHAPTER I

Scope and definitions

| Section 1 | Subject matter and definitions |
| --- | --- |

Section 1

| Article 1 | Subject matter and scope: paragraphs 1, 2, 5 and 6 |
| --- | --- |

Article 1

| Article 2 | Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23), (24) |
| --- | --- |

Article 2

| Article 3 | Mixed procurement |
| --- | --- |

Article 3

| Section 2 | Thresholds |
| --- | --- |

Section 2

| Article 4 | Threshold amounts |
| --- | --- |

Article 4

| Article 5 | Methods for calculating the estimated value of procurement |
| --- | --- |

Article 5

| Section 3 | Exclusions |
| --- | --- |

Section 3

| Article 7 | Contracts in the water, energy, transport and postal services sectors |
| --- | --- |

Article 7

| Article 8 | Specific exclusions in the field of electronic communications |
| --- | --- |

Article 8

| Article 9 | Public contracts awarded and design contests organised pursuant to international rules |
| --- | --- |

Article 9

| Article 10 | Specific exclusions for service contracts |
| --- | --- |

Article 10

| Article 11 | Service contracts awarded on the basis of an exclusive right |
| --- | --- |

Article 11

| Article 12 | Public contracts between entities within the public sector |
| --- | --- |

Article 12

| Section 4 | Specific situations |
| --- | --- |

Section 4

| Subsection 1 | Subsidised contracts and research and development services |
| --- | --- |

Subsection 1

| Article 13 | Contracts subsidised by contracting authorities |
| --- | --- |

Article 13

| Article 14 | Research and development services |
| --- | --- |

Article 14

| Subsection 2 | Procurement involving defence and security aspects |
| --- | --- |

Subsection 2

| Article 15 | Defence and security |
| --- | --- |

Article 15

| Article 16 | Mixed procurement involving defence or security aspects |
| --- | --- |

Article 16

| Article 17 | Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules |
| --- | --- |

Article 17

CHAPTER II

General Rules

| Article 18 | Principles of procurement |
| --- | --- |

Article 18

| Article 19 | Economic operators |
| --- | --- |

Article 19

| Article 21 | Confidentiality |
| --- | --- |

Article 21

| Article 22 | Rules applicable to communication: paragraphs 2-6 |
| --- | --- |

Article 22

| Article 23 | Nomenclatures |
| --- | --- |

Article 23

| Article 24 | Conflicts of interest |
| --- | --- |

Article 24

TITLE II

Rules on public contracts

CHAPTER I

Procedures

| Article 26 | Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6 |
| --- | --- |

Article 26

| Article 27 | Open procedure |
| --- | --- |

Article 27

| Article 28 | Restricted procedure |
| --- | --- |

Article 28

| Article 29 | Competitive procedure with negotiation |
| --- | --- |

Article 29

| Article 32 | Use of the negotiated procedure without prior publication |
| --- | --- |

Article 32

CHAPTER III

Conduct of the procedure

| Section 1 | Preparation |
| --- | --- |

Section 1

| Article 40 | Preliminary market consultations |
| --- | --- |

Article 40

| Article 41 | Prior involvement of candidates or tenderers |
| --- | --- |

Article 41

| Article 42 | Technical specifications |
| --- | --- |

Article 42

| Article 43 | Labels |
| --- | --- |

Article 43

| Article 44 | Test reports, certification and other means of proof: paragraphs 1, 2 |
| --- | --- |

Article 44

| Article 45 | Variants |
| --- | --- |

Article 45

| Article 46 | Division of contracts into lots |
| --- | --- |

Article 46

| Article 47 | Setting time limits |
| --- | --- |

Article 47

| Section 2 | Publication and transparency |
| --- | --- |

Section 2

| Article 48 | Prior information notices |
| --- | --- |

Article 48

| Article 49 | Contract notices |
| --- | --- |

Article 49

| Article 50 | Contract award notices: paragraphs 1 and 4 |
| --- | --- |

Article 50

| Article 51 | Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5 |
| --- | --- |

Article 51

| Article 53 | Electronic availability of procurement documents |
| --- | --- |

Article 53

| Article 54 | Invitations to candidates |
| --- | --- |

Article 54

| Article 55 | Informing candidates and tenderers |
| --- | --- |

Article 55

| Section 3 | Choice of participants and award of contracts |
| --- | --- |

Section 3

| Article 56 | General principles |
| --- | --- |

Article 56

| Subsection 1 | Criteria for qualitative selection |
| --- | --- |

Subsection 1

| Article 57 | Exclusion grounds |
| --- | --- |

Article 57

| Article 58 | Selection criteria |
| --- | --- |

Article 58

| Article 59 | European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4 |
| --- | --- |

Article 59

| Article 60 | Means of proof |
| --- | --- |

Article 60

| Article 62 | Quality assurance standards and environmental management standards: paragraphs 1 and 2 |
| --- | --- |

Article 62

| Article 63 | Reliance on the capacities of other entities |
| --- | --- |

Article 63

| Subsection 2 | Reduction of numbers of candidates, tenders and solutions |
| --- | --- |

Subsection 2

| Article 65 | Reduction of the number of otherwise qualified candidates to be invited to participate |
| --- | --- |

Article 65

| Article 66 | Reduction of the number of tenders and solutions |
| --- | --- |

Article 66

| Subsection 3 | Award of the contract |
| --- | --- |

Subsection 3

| Article 67 | Contract award criteria |
| --- | --- |

Article 67

| Article 68 | Life-cycle costing: paragraphs 1 and 2 |
| --- | --- |

Article 68

| Article 69 | Abnormally low tenders: paragraphs 1 to 4 |
| --- | --- |

Article 69

CHAPTER IV

Contract performance

| Article 70 | Conditions for performance of contracts |
| --- | --- |

Article 70

| Article 71 | Subcontracting |
| --- | --- |

Article 71

| Article 72 | Modification of contracts during their term |
| --- | --- |

Article 72

| Article 73 | Termination of contracts |
| --- | --- |

Article 73

TITLE III

Particular procurement regimes

CHAPTER I

Social and other specific services

| Article 74 | Award of contracts for social and other specific services |
| --- | --- |

Article 74

| Article 75 | Publication of notices |
| --- | --- |

Article 75

| Article 76 | Principles of awarding contracts |
| --- | --- |

Article 76

ANNEXES

| ANNEX II | LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1) |
| --- | --- |

ANNEX II

| ANNEX III | LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE |
| --- | --- |

ANNEX III

| ANNEX IV | REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS |
| --- | --- |

ANNEX IV

| ANNEX V | INFORMATION TO BE INCLUDED IN NOTICES |
| --- | --- |

ANNEX V

| Part A: | INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE |
| --- | --- |

Part A:

| Part B: | INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48) |
| --- | --- |

Part B:

| Part C: | INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49) |
| --- | --- |

Part C:

| Part D: | INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50) |
| --- | --- |

Part D:

| Part G: | INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1)) |
| --- | --- |

Part G:

| Part H: | INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) |
| --- | --- |

Part H:

| Part I: | INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) |
| --- | --- |

Part I:

| Part J: | INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2)) |
| --- | --- |

Part J:

| ANNEX VII | DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS |
| --- | --- |

ANNEX VII

| ANNEX IX | CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54 |
| --- | --- |

ANNEX IX

| ANNEX X | LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) |
| --- | --- |

ANNEX X

| ANNEX XII | MEANS OF PROOF OF SELECTION CRITERIA |
| --- | --- |

ANNEX XII

| ANNEX XIV | SERVICES REFFERED TO IN ARTICLE 74 |
| --- | --- |

ANNEX XIV

ANNEX XXI-C TO CHAPTER 8 ON PUBLIC PROCUREMENT

BASIC ELEMENTS OF DIRECTIVE 89/665/EEC

OF 21 DECEMBER 1989 ON THE COORDINATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE APPLICATION OF REVIEW PROCEDURES TO THE AWARD OF PUBLIC SUPPLY AND PUBLIC WORKS CONTRACTS (DIRECTIVE 89/665/EEC)

AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 DECEMBER 2007 AMENDING COUNCIL DIRECTIVES 89/665/EEC AND 92/13/EEC WITH REGARD TO IMPROVING THE EFFECTIVENESS OF REVIEW PROCEDURES CONCERNING THE AWARD OF PUBLIC CONTRACTS (DIRECTIVE 2007/66/EC) AND BY DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 26 FEBRUARY 2014 ON THE AWARD OF CONCESSION CONTRACTS (DIRECTIVE 2014/23/EU)

(PHASE 2)

| Article 1 | Scope and availability of review procedures |
| --- | --- |

Article 1

| Article 2 | Requirements for review procedures |
| --- | --- |

Article 2

| Article 2a | Standstill period |
| --- | --- |

Article 2a

| Article 2b | Derogations from the standstill period |
| --- | --- |

Article 2b

Point (b) of the first paragraph of Article 2b

| Article 2c | Time limits for applying for review |
| --- | --- |

Article 2c

| Article 2d | Ineffectiveness |
| --- | --- |

Article 2d

Paragraph 1(b)

Paragraphs 2 and 3

| Article 2e | Infringements of this Directive and alternative penalties |
| --- | --- |

Article 2e

| Article 2f | Time limits |
| --- | --- |

Article 2f

ANNEX XXI-D TO CHAPTER 8 ON PUBLIC PROCUREMENT

BASIC ELEMENTS OF DIRECTIVE 2014/25/EU

OF 26 FEBRUARY 2014 ON PROCUREMENT BY ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND POSTAL SERVICES SECTORS

(PHASE 3)

TITLE I

Scope, definitions and general principles

CHAPTER I

Subject matter and definitions

| Article 1 | Subject matter and scope: paragraphs 1, 2, 5 and 6 |
| --- | --- |

Article 1

| Article 2 | Definitions: points 1 to 9, 13 to 16 and 18 to 20 |
| --- | --- |

Article 2

| Article 3 | Contracting authorities (paragraphs 1 and 4) |
| --- | --- |

Article 3

| Article 4 | Contracting entities: paragraphs 1 to 3 |
| --- | --- |

Article 4

| Article 5 | Mixed procurement covering the same activity |
| --- | --- |

Article 5

| Article 6 | Procurement covering several activities |
| --- | --- |

Article 6

CHAPTER II

Activities

| Article 7 | Common provisions |
| --- | --- |

Article 7

| Article 8 | Gas and heat |
| --- | --- |

Article 8

| Article 9 | Electricity |
| --- | --- |

Article 9

| Article 10 | Water |
| --- | --- |

Article 10

| Article 11 | Transport services |
| --- | --- |

Article 11

| Article 12 | Ports and airports |
| --- | --- |

Article 12

| Article 13 | Postal services |
| --- | --- |

Article 13

| Article 14 | Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels |
| --- | --- |

Article 14

CHAPTER III

Material scope

| Section 1 | Thresholds |
| --- | --- |

Section 1

| Article 15 | Threshold amounts |
| --- | --- |

Article 15

| Article 16 | Methods for calculating the estimated value of procurement: paragraphs 1 to 4 and 7 to 14 |
| --- | --- |

Article 16

| Section 2 | Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects |
| --- | --- |

Section 2

| Subsection 1 | Exclusions applicable to all contracting entities and special exclusions for the water and energy sector |
| --- | --- |

Subsection 1

| Article 18 | Contracts awarded for purposes of resale or lease to third parties: paragraph 1 |
| --- | --- |

Article 18

| Article 19 | Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1 |
| --- | --- |

Article 19

| Article 20 | Contracts awarded and design contests organised pursuant to international rules |
| --- | --- |

Article 20

| Article 21 | Specific exclusions for service contracts |
| --- | --- |

Article 21

| Article 22 | Service contracts awarded on the basis of an exclusive right |
| --- | --- |

Article 22

| Article 23 | Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy |
| --- | --- |

Article 23

| Subsection 2 | Procurement involving defence and security aspects |
| --- | --- |

Subsection 2

| Article 24 | Defence and security |
| --- | --- |

Article 24

| Article 25 | Mixed procurement covering the same activity and involving defence or security aspects |
| --- | --- |

Article 25

| Article 26 | Procurement covering several activities and involving defence or security aspects |
| --- | --- |

Article 26

| Article 27 | Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules |
| --- | --- |

Article 27

| Subsection 3 | Special relations (cooperation, affiliated undertakings and joint ventures) |
| --- | --- |

Subsection 3

| Article 28 | Contracts between contracting authorities |
| --- | --- |

Article 28

| Article 29 | Contracts awarded to an affiliated undertaking |
| --- | --- |

Article 29

| Article 30 | Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture |
| --- | --- |

Article 30

| Subsection 4 | Specific situations |
| --- | --- |

Subsection 4

| Article 32 | Research and development services |
| --- | --- |

Article 32

CHAPTER IV

General principles

| Article 36 | Principles of procurement |
| --- | --- |

Article 36

| Article 37 | Economic operators |
| --- | --- |

Article 37

| Article 39 | Confidentiality |
| --- | --- |

Article 39

| Article 40 | Rules applicable to communication |
| --- | --- |

Article 40

| Article 41 | Nomenclatures |
| --- | --- |

Article 41

| Article 42 | Conflicts of interest |
| --- | --- |

Article 42

TITLE II

Rules applicable to contracts

CHAPTER I

Procedures

| Article 44 | Choice of procedures: paragraphs 1, 2 and 4 |
| --- | --- |

Article 44

| Article 45 | Open procedure |
| --- | --- |

Article 45

| Article 46 | Restricted procedure |
| --- | --- |

Article 46

| Article 47 | Negotiated procedure with prior call for competition |
| --- | --- |

Article 47

| Article 50 | Use of the negotiated procedure without prior call for competition: points (a) to (i) |
| --- | --- |

Article 50

CHAPTER III

Conduct of the procedure

| Section 1 | Preparation |
| --- | --- |

Section 1

| Article 58 | Preliminary market consultations |
| --- | --- |

Article 58

| Article 59 | Prior involvement of candidates or tenderers |
| --- | --- |

Article 59

| Article 60 | Technical specifications |
| --- | --- |

Article 60

| Article 61 | Labels |
| --- | --- |

Article 61

| Article 62 | Test reports, certification and other means of proof |
| --- | --- |

Article 62

| Article 63 | Communication of technical specifications |
| --- | --- |

Article 63

| Article 64 | Variants |
| --- | --- |

Article 64

| Article 65 | Division of contracts into lots |
| --- | --- |

Article 65

| Article 66 | Setting time limits |
| --- | --- |

Article 66

| Section 2 | Publication and transparency |
| --- | --- |

Section 2

| Article 67 | Periodic indicative notices |
| --- | --- |

Article 67

| Article 68 | Notices on the existence of a qualification system |
| --- | --- |

Article 68

| Article 69 | Contract notices |
| --- | --- |

Article 69

| Article 70 | Contract award notices: paragraphs 1, 3 and 4 |
| --- | --- |

Article 70

| Article 71 | Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5 |
| --- | --- |

Article 71

| Article 73 | Electronic availability of procurement documents |
| --- | --- |

Article 73

| Article 74 | Invitations to candidates |
| --- | --- |

Article 74

| Article 75 | Informing applicants for qualification, candidates and tenderers |
| --- | --- |

Article 75

| Section 3 | Choice of participants and award of contract |
| --- | --- |

Section 3

| Article 76 | General principles |
| --- | --- |

Article 76

| Subsection 1 | Qualification and qualitative selection |
| --- | --- |

Subsection 1

| Article 78 | Criteria for qualitative selection |
| --- | --- |

Article 78

| Article 79 | Reliance on the capacities of other entities: paragraph 2 |
| --- | --- |

Article 79

| Article 80 | Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU |
| --- | --- |

Article 80

| Article 81 | Quality assurance standards and environmental management standards: paragraphs 1 and 2 |
| --- | --- |

Article 81

| Subsection 2 | Award of the contract |
| --- | --- |

Subsection 2

| Article 82 | Contract award criteria |
| --- | --- |

Article 82

| Article 83 | Life-cycle costing: paragraphs 1 and 2 |
| --- | --- |

Article 83

| Article 84 | Abnormally low tenders: paragraphs 1 to 4 |
| --- | --- |

Article 84

CHAPTER IV

Contract performance

| Article 87 | Conditions for performance of contracts |
| --- | --- |

Article 87

| Article 88 | Subcontracting |
| --- | --- |

Article 88

| Article 89 | Modification of contracts during their term |
| --- | --- |

Article 89

| Article 90 | Termination of contracts |
| --- | --- |

Article 90

TITLE III

Particular procurement regimes

CHAPTER I

Social and other specific services

| Article 91 | Award of contracts for social and other specific services |
| --- | --- |

Article 91

| Article 92 | Publication of notices |
| --- | --- |

Article 92

| Article 93 | Principles of awarding contracts |
| --- | --- |

Article 93

ANNEXES

| ANNEX I | List of activities as set out in point (a) of point 2 of Article 2 |
| --- | --- |

ANNEX I

| ANNEX V | Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests |
| --- | --- |

ANNEX V

| ANNEX VI A | Information to be included in the periodic indicative notice (as referred to in Article 67) |
| --- | --- |

ANNEX VI A

| ANNEX VI B | Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1)) |
| --- | --- |

ANNEX VI B

| ANNEX VIII | Definition of certain technical specifications |
| --- | --- |

ANNEX VIII

| ANNEX IX | Features concerning publication |
| --- | --- |

ANNEX IX

| ANNEX X | Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68) |
| --- | --- |

ANNEX X

| ANNEX XI | Information to be included in contract notices (as referred to in Article 69) |
| --- | --- |

ANNEX XI

| ANNEX XII | Information to be included in the contract award notice (as referred to in Article 70) |
| --- | --- |

ANNEX XII

| ANNEX XIII | Contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74 |
| --- | --- |

ANNEX XIII

| ANNEX XIV | List of International Social and Environmental Conventions referred to in Article 36(2) |
| --- | --- |

ANNEX XIV

| ANNEX XVI | Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1)) |
| --- | --- |

ANNEX XVI

| ANNEX XVII | Services referred to in Article 91 |
| --- | --- |

ANNEX XVII

| ANNEX XVIII | Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92) |
| --- | --- |

ANNEX XVIII

ANNEX XXI-E TO CHAPTER 8 ON PUBLIC PROCUREMENT

BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC

OF 25 FEBRUARY 1992 COORDINATING THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE APPLICATION OF COMMUNITY RULES ON THE PROCUREMENT PROCEDURES OF ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND TELECOMMUNICATIONS SECTORS (DIRECTIVE 92/13/EEC)

AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU

(PHASE 3)

| Article 1 | Scope and availability of review procedures |
| --- | --- |

Article 1

| Article 2 | Requirements for review procedures |
| --- | --- |

Article 2

| Article 2a | Standstill period |
| --- | --- |

Article 2a

| Article 2b | Derogations from the standstill period |
| --- | --- |

Article 2b

Point (b) of the first paragraph of Article 2b

| Article 2c | Time limits for applying for review |
| --- | --- |

Article 2c

| Article 2d | Ineffectiveness |
| --- | --- |

Article 2d

Paragraphs 1(b), 2 and 3

| Article 2e | Infringements of this Directive and alternative penalties |
| --- | --- |

Article 2e

| Article 2f | Time limits |
| --- | --- |

Article 2f

ANNEX XXI-F TO CHAPTER 8 ON PUBLIC PROCUREMENT

(PHASE 4)

The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B

TITLE I

Scope, definitions and general principles

CHAPTER I

Scope and definitions

| Section 1 | Subject matter and definitions |
| --- | --- |

Section 1

| Article 2 | Definitions (paragraph 1, points (14) and (16)) |
| --- | --- |

Article 2

| Article 20 | Reserved contracts |
| --- | --- |

Article 20

TITLE II

Rules on public contracts

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

| Article 37 | Centralised purchasing activities and central purchasing bodies |
| --- | --- |

Article 37

CHAPTER III

Conduct of the procedure

| Section 3 | Choice of participants and award of contracts |
| --- | --- |

Section 3

| Article 64 | Official lists of approved economic operators and certification by bodies established under public or private law |
| --- | --- |

Article 64

TITLE III

Particular procurement regimes

CHAPTER I

| Article 77 | Reserved contracts for certain services |
| --- | --- |

Article 77

(PHASE 4)

The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B

TITLE I

Subject matter, scope, principles and definitions

CHAPTER I

Scope, general principles and definitions

| Section IV | Specific situations |
| --- | --- |

Section IV

| Article 24 | Reserved Concessions |
| --- | --- |

Article 24

ANNEX XXI-G TO CHAPTER 8 ON PUBLIC PROCUREMENT

(PHASE 4)

TITLE I

Scope, definitions and general principles

CHAPTER I

Scope and definitions

| Section 1 | Subject matter and definitions |
| --- | --- |

Section 1

| Article 2 | Definitions (paragraph 1, point (21)) |
| --- | --- |

Article 2

| Article 22 | Rules applicable to communication: paragraph 1 |
| --- | --- |

Article 22

TITLE II

Rules on public contracts

CHAPTER I

Procedures

| Article 26 | Choice of procedures: paragraph 3, second alternative of paragraph 4 |
| --- | --- |

Article 26

| Article 30 | Competitive dialogue |
| --- | --- |

Article 30

| Article 31 | Innovation Partnership |
| --- | --- |

Article 31

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

| Article 33 | Framework agreements |
| --- | --- |

Article 33

| Article 34 | Dynamic purchasing systems |
| --- | --- |

Article 34

| Article 35 | Electronic auctions |
| --- | --- |

Article 35

| Article 36 | Electronic catalogues |
| --- | --- |

Article 36

| Article 38 | Occasional joint procurement |
| --- | --- |

Article 38

CHAPTER III

Conduct of the procedure

| Section 2 | Publication and Transparency |
| --- | --- |

Section 2

| Article 50 | Contract award notices: paragraphs 2 and 3 |
| --- | --- |

Article 50

TITLE III

Particular procurement regimes

CHAPTER II

Rules governing design contests

| Article 78 | Scope |
| --- | --- |

Article 78

| Article 79 | Notices |
| --- | --- |

Article 79

| Article 80 | Rules on the organisation of design contests and the selection of participants |
| --- | --- |

Article 80

| Article 81 | Composition of the jury |
| --- | --- |

Article 81

| Article 82 | Decisions of the jury |
| --- | --- |

Article 82

ANNEXES

| ANNEX V | INFORMATION TO BE INCLUDED IN NOTICES |
| --- | --- |

ANNEX V

| Part E: | INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1)) |
| --- | --- |

Part E:

| Part F: | INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2)) |
| --- | --- |

Part F:

| ANNEX VI | INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4)) |
| --- | --- |

ANNEX VI

(PHASE 4)

TITLE I

Subject matter, scope, principles and definitions

CHAPTER I

Scope, general principles and definitions

| Section I | Subject matter, scope, general principles, definitions and threshold |
| --- | --- |

Section I

| Article 1 | Subject matter and scope: paragraphs 1, 2 and 4 |
| --- | --- |

Article 1

| Article 2 | Principle of free administration by public authorities |
| --- | --- |

Article 2

| Article 3 | Principle of equal treatment, non-discrimination and transparency |
| --- | --- |

Article 3

| Article 4 | Freedom to define services of general economic interest |
| --- | --- |

Article 4

| Article 5 | Definitions |
| --- | --- |

Article 5

| Article 6 | Contracting authorities: paragraphs 1 and 4 |
| --- | --- |

Article 6

| Article 7 | Contracting entities |
| --- | --- |

Article 7

| Article 8 | Threshold and methods for calculating the estimated value of concessions |
| --- | --- |

Article 8

| Section II | Exclusions |
| --- | --- |

Section II

| Article 10 | Exclusions applicable to concessions awarded by contracting authorities and contracting entities |
| --- | --- |

Article 10

| Article 11 | Specific exclusions in the field of electronic communications |
| --- | --- |

Article 11

| Article 12 | Specific exclusions in the field of water |
| --- | --- |

Article 12

| Article 13 | Concessions awarded to an affiliated undertaking |
| --- | --- |

Article 13

| Article 14 | Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture |
| --- | --- |

Article 14

| Article 17 | Concessions between entities within the public sector |
| --- | --- |

Article 17

| Section III | General provisions |
| --- | --- |

Section III

| Article 18 | Duration of the concession |
| --- | --- |

Article 18

| Article 19 | Social and other specific services |
| --- | --- |

Article 19

| Article 20 | Mixed contracts |
| --- | --- |

Article 20

| Article 21 | Mixed procurement contracts involving defence or security aspects |
| --- | --- |

Article 21

| Article 22 | Contracts covering both activities referred to in Annex II and other activities |
| --- | --- |

Article 22

| Article 23 | Concessions covering both activities referred to in Annex II and activities involving defence or security aspects |
| --- | --- |

Article 23

| Article 25 | Research and development services |
| --- | --- |

Article 25

CHAPTER II

Principles

| Article 26 | Economic operators |
| --- | --- |

Article 26

| Article 27 | Nomenclatures |
| --- | --- |

Article 27

| Article 28 | Confidentiality |
| --- | --- |

Article 28

| Article 29 | Rules applicable to communication |
| --- | --- |

Article 29

TITLE II

Rules on the award of concessions: General principles and procedural guarantees

CHAPTER I

General principles

| Article 30 | General principles: paragraphs 1, 2 and 3 |
| --- | --- |

Article 30

| Article 31 | Concession notices |
| --- | --- |

Article 31

| Article 32 | Concession award notices |
| --- | --- |

Article 32

| Article 33 | Form and manner of publication of notices: first subparagraph of paragraph 1 |
| --- | --- |

Article 33

| Article 34 | Electronic availability of concession documents |
| --- | --- |

Article 34

| Article 35 | Combating corruption and preventing conflicts of interest |
| --- | --- |

Article 35

CHAPTER II

Procedural guarantees

| Article 36 | Technical and functional requirements |
| --- | --- |

Article 36

| Article 37 | Procedural guarantees |
| --- | --- |

Article 37

| Article 38 | Selection of and qualitative assessment of candidates |
| --- | --- |

Article 38

| Article 39 | Time limits for receipt of applications and tenders for the concession |
| --- | --- |

Article 39

| Article 40 | Provision of information to candidates and tenderers |
| --- | --- |

Article 40

| Article 41 | Award criteria |
| --- | --- |

Article 41

TITLE III

Rules on performance of concessions

| Article 42 | Subcontracting |
| --- | --- |

Article 42

| Article 43 | Modification of contracts during their term |
| --- | --- |

Article 43

| Article 44 | Termination of concessions |
| --- | --- |

Article 44

| Article 45 | Monitoring and Reporting |
| --- | --- |

Article 45

ANNEXES

| ANNEX I | LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5 |
| --- | --- |

ANNEX I

| ANNEX II | ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7 |
| --- | --- |

ANNEX II

| ANNEX III | LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2) |
| --- | --- |

ANNEX III

| ANNEX IV | SERVICES REFERRED TO IN ARTICLE 19 |
| --- | --- |

ANNEX IV

| ANNEX V | INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31 |
| --- | --- |

ANNEX V

| ANNEX VI | INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3) |
| --- | --- |

ANNEX VI

| ANNEX VII | INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32 |
| --- | --- |

ANNEX VII

| ANNEX VIII | INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32 |
| --- | --- |

ANNEX VIII

| ANNEX IX | FEATURES CONCERNING PUBLICATION |
| --- | --- |

ANNEX IX

| ANNEX X | LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3) |
| --- | --- |

ANNEX X

| ANNEX XI | INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43 |
| --- | --- |

ANNEX XI

ANNEX XXI-H TO CHAPTER 8 ON PUBLIC PROCUREMENT

OTHER ELEMENTS OF DIRECTIVE 89/665/EEC

AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU

(PHASE 4)

| Article 2b | Derogations from the standstill period |
| --- | --- |

Article 2b

Point (c) of the first paragraph of Article 2b

| Article 2d | Ineffectiveness |
| --- | --- |

Article 2d

Point (c) of the first paragraph of Article 2d

Paragraph 5

ANNEX XXI-I TO CHAPTER 8 ON PUBLIC PROCUREMENT

(PHASE 5)

I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU

TITLE I

Scope, definitions and general principles

CHAPTER I

Subject matter and definitions

| Article 2 | Definitions: point 17 |
| --- | --- |

Article 2

CHAPTER III

Material scope

| Section 1 | Thresholds |
| --- | --- |

Section 1

| Article 16 | Methods for calculating the estimated value of procurement: paragraphs 5, 6 |
| --- | --- |

Article 16

TITLE II

Rules applicable to contracts

CHAPTER I

Procedures

| Article 44 | Choice of procedures: paragraph 3 |
| --- | --- |

Article 44

| Article 48 | Competitive dialogue |
| --- | --- |

Article 48

| Article 49 | Innovation Partnership |
| --- | --- |

Article 49

| Article 50 | Use of the negotiated procedure without prior call for competition: point (j) |
| --- | --- |

Article 50

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

| Article 51 | Framework agreements |
| --- | --- |

Article 51

| Article 52 | Dynamic purchasing systems |
| --- | --- |

Article 52

| Article 53 | Electronic auctions |
| --- | --- |

Article 53

| Article 54 | Electronic catalogues |
| --- | --- |

Article 54

| Article 56 | Occasional joint procurement |
| --- | --- |

Article 56

CHAPTER III

Conduct of the procedure

| Section 2 | Publication and transparency |
| --- | --- |

Section 2

| Article 70 | Contract award notices: paragraph 2 |
| --- | --- |

Article 70

| Section 3 | Choice of participants and award of contract |
| --- | --- |

Section 3

| Subsection 1 | Qualification and qualitative selection |
| --- | --- |

Subsection 1

| Article 77 | Qualification systems |
| --- | --- |

Article 77

| Article 79 | Reliance on the capacities of other entities: paragraph 1 |
| --- | --- |

Article 79

TITLE III

Particular procurement regimes

CHAPTER II

Rules governing design contests

| Article 95 | Scope |
| --- | --- |

Article 95

| Article 96 | Notices |
| --- | --- |

Article 96

| Article 97 | Rules on the organisation of design contests, the selection of participants and the jury |
| --- | --- |

Article 97

| Article 98 | Decision of the jury |
| --- | --- |

Article 98

ANNEXES

| ANNEX VII | Information to be included in the procurement documents relating to electronic auctions (Article 53(4)) |
| --- | --- |

ANNEX VII

| ANNEX XIX | Information to be included in the design contest notice (as referred to in Article 96(1)) |
| --- | --- |

ANNEX XIX

| ANNEX XX | Information to be included in the results of design contest notices (as referred to in Article 96(1)) |
| --- | --- |

ANNEX XX

II.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU

The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B.

TITLE I

Scope, definitions and general principles

CHAPTER I

Subject matter and definitions

| Article 2 | Definitions: points 10 to 12 |
| --- | --- |

Article 2

CHAPTER IV

General principles

| Article 38 | Reserved contracts |
| --- | --- |

Article 38

TITLE II

Rules applicable to contracts

CHAPTER I

Procedures

| Article 55 | Centralised purchasing activities and central purchasing bodies |
| --- | --- |

Article 55

TITLE III

Particular procurement regimes

CHAPTER I

Social and other specific services

| Article 94 | Reserved contracts for certain services |
| --- | --- |

Article 94

ANNEX XXI-J TO CHAPTER 8 ON PUBLIC PROCUREMENT

OTHER ELEMENTS OF DIRECTIVE 92/13/EEC

AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU

(PHASE 5)

| Article 2b | Derogations from the standstill period |
| --- | --- |

Article 2b

Point (c) of the first paragraph of Article 2b

| Article 2d | Ineffectiveness |
| --- | --- |

Article 2d

Point (c) of paragraph 1 of Article 2d,

Paragraph 5

ANNEX XXI-K TO CHAPTER 8 ON PUBLIC PROCUREMENT

I.   PROVISIONS OF DIRECTIVE 2014/24/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements of Directive 2014/24/EU listed in this Annex are not subject to the process of approximation.

TITLE I

Scope, definitions and general principles

CHAPTER I

Scope and definitions

| Section 1 | Subject matter and definitions |
| --- | --- |

Section 1

| Article 1 | Subject matter and scope: paragraphs 3 and 4 |
| --- | --- |

Article 1

| Article 2 | Definitions: paragraph 2 |
| --- | --- |

Article 2

| Section 2 | Thresholds |
| --- | --- |

Section 2

| Article 6 | Revision of the thresholds and of the list of central government authorities |
| --- | --- |

Article 6

TITLE II

Rules on public contracts

CHAPTER I

Procedures

| Article 25 | Conditions relating to the GPA and other international agreements |
| --- | --- |

Article 25

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

| Article 39 | Procurement involving contracting authorities from different Member States |
| --- | --- |

Article 39

CHAPTER III

Conduct of the procedure

| Section 1 | Preparation |
| --- | --- |

Section 1

| Article 44 | Test reports, certification and other means of proof: paragraph 3 |
| --- | --- |

Article 44

| Section 2 | Publication and transparency |
| --- | --- |

Section 2

| Article 51 | Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 |
| --- | --- |

Article 51

| Article 52 | Publication at national level |
| --- | --- |

Article 52

| Section 3 | Choice of participants and award of contracts |
| --- | --- |

Section 3

| Article 61 | Online repository of certificates (e-Certis) |
| --- | --- |

Article 61

| Article 62 | Quality assurance standards and environmental management standards: paragraph 3 |
| --- | --- |

Article 62

| Article 68 | Life-cycle costing: paragraph 3 |
| --- | --- |

Article 68

| Article 69 | Abnormally low tender: paragraph 5 |
| --- | --- |

Article 69

TITLE IV

Governance

| Article 83 | Enforcement |
| --- | --- |

Article 83

| Article 84 | Individual reports on procedures for the award of contracts |
| --- | --- |

Article 84

| Article 85 | National reporting and statistical information |
| --- | --- |

Article 85

| Article 86 | Administrative Cooperation |
| --- | --- |

Article 86

TITLE V

Delegated powers, implementing powers and final provisions

| Article 87 | Exercise of the delegation of powers |
| --- | --- |

Article 87

| Article 88 | Urgency procedure |
| --- | --- |

Article 88

| Article 89 | Committee procedure |
| --- | --- |

Article 89

| Article 90 | Transposition and transitional provisions |
| --- | --- |

Article 90

| Article 91 | Repeals |
| --- | --- |

Article 91

| Article 92 | Review |
| --- | --- |

Article 92

| Article 93 | Entry into force |
| --- | --- |

Article 93

| Article 94 | Addressees |
| --- | --- |

Article 94

ANNEXES

| ANNEX I | CENTRAL GOVERNMENT AUTHORITIES |
| --- | --- |

ANNEX I

| ANNEX VIII | FEATURES CONCERNING PUBLICATION |
| --- | --- |

ANNEX VIII

| ANNEX XI | REGISTERS |
| --- | --- |

ANNEX XI

| ANNEX XIII | LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3) |
| --- | --- |

ANNEX XIII

| ANNEX XV | CORRELATION TABLE |
| --- | --- |

ANNEX XV

II.   PROVISIONS OF DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements of Directive 2014/23/EU listed in this Annex are not subject to the process of approximation.

TITLE I

Subject matter, scope, principles and definitions

CHAPTER I

Scope, general principles and definitions

| Section I | Subject matter, scope, general principles, definitions and threshold |
| --- | --- |

Section I

| Article 1 | Subject matter and scope: paragraph 3 |
| --- | --- |

Article 1

| Article 6 | Contracting authorities: paragraphs 2 and 3 |
| --- | --- |

Article 6

| Article 9 | Revision of the threshold |
| --- | --- |

Article 9

| Section II | Exclusions |
| --- | --- |

Section II

| Article 15 | Notification of information by contracting entities |
| --- | --- |

Article 15

| Article 16 | Exclusion of activities which are directly exposed to competition |
| --- | --- |

Article 16

TITLE II

Rules on the award of concessions: General principles and procedural guarantees

CHAPTER I

General principles

| Article 30 | General principles: paragraph 4 |
| --- | --- |

Article 30

| Article 33 | Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4 |
| --- | --- |

Article 33

TITLE IV

Amendments to Directive 89/665/EEC and 92/13/EEC

| Article 46 | Amendments to Directive 89/665/EEC |
| --- | --- |

Article 46

| Article 47 | Amendments to Directive 92/13/EEC |
| --- | --- |

Article 47

TITLE V

Delegated powers, implementing powers and final provisions

| Article 48 | Exercise of the delegation |
| --- | --- |

Article 48

| Article 49 | Urgency procedure |
| --- | --- |

Article 49

| Article 50 | Committee procedure |
| --- | --- |

Article 50

| Article 51 | Transposition |
| --- | --- |

Article 51

| Article 52 | Transitional provisions |
| --- | --- |

Article 52

| Article 53 | Monitoring and reporting |
| --- | --- |

Article 53

| Article 54 | Entry into force |
| --- | --- |

Article 54

| Article 55 | Addressees |
| --- | --- |

Article 55

ANNEX XXI-L TO CHAPTER 8 ON PUBLIC PROCUREMENT

PROVISIONS OF DIRECTIVE 2014/25/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

TITLE I

Scope, definitions and general principles

CHAPTER I

Subject matter and definitions

| Article 1 | Subject matter and scope: paragraphs 3 and 4 |
| --- | --- |

Article 1

| Article 3 | Contracting authorities: paragraphs 2 and 3 |
| --- | --- |

Article 3

| Article 4 | Contracting entities: paragraph 4 |
| --- | --- |

Article 4

CHAPTER III

Material scope

| Section 1 | Thresholds |
| --- | --- |

Section 1

| Article 17 | Revision of the thresholds |
| --- | --- |

Article 17

| Section 2 | Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects |
| --- | --- |

Section 2

| Subsection 1 | Exclusions applicable to all contracting entities and special exclusions for the water and energy sector |
| --- | --- |

Subsection 1

| Article 18 | Contracts awarded for purposes of resale or lease to third parties: paragraph 2 |
| --- | --- |

Article 18

| Article 19 | Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2 |
| --- | --- |

Article 19

| Subsection 3 | Special relations (cooperation, affiliated undertakings and joint ventures) |
| --- | --- |

Subsection 3

| Article 31 | Notification of information |
| --- | --- |

Article 31

| Subsection 4 | Specific situations |
| --- | --- |

Subsection 4

| Article 33 | Contracts subject to special arrangements |
| --- | --- |

Article 33

| Subsection 5 | Activities directly exposed to competition and procedural provisions relating thereto |
| --- | --- |

Subsection 5

| Article 34 | Activities directly exposed to competition |
| --- | --- |

Article 34

| Article 35 | Procedure for establishing whether Article 34 is applicable |
| --- | --- |

Article 35

TITLE II

Rules applicable to contracts

CHAPTER I

Procedures

| Article 43 | Conditions relating to the GPA and other international agreements |
| --- | --- |

Article 43

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

| Article 57 | Procurement involving contracting entities from different Member States |
| --- | --- |

Article 57

CHAPTER III

Conduct of the procedure

| Section 2 | Publication and transparency |
| --- | --- |

Section 2

| Article 71 | Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 |
| --- | --- |

Article 71

| Article 72 | Publication at national level |
| --- | --- |

Article 72

| Section 3 | Choice of participants and award of contract |
| --- | --- |

Section 3

| Article 81 | Quality assurance standards and environmental management standards: paragraph 3 |
| --- | --- |

Article 81

| Article 83 | Life-cycle costing: paragraph 3 |
| --- | --- |

Article 83

| Section 4 | Tenders comprising products originating in third countries and relations with those countries |
| --- | --- |

Section 4

| Article 85 | Tenders comprising products originating in third countries |
| --- | --- |

Article 85

| Article 86 | Relations with third countries as regards works, supplies and service contracts |
| --- | --- |

Article 86

TITLE IV

Governance

| Article 99 | Enforcement |
| --- | --- |

Article 99

| Article 100 | Individual reports on procedures for the award of contracts |
| --- | --- |

Article 100

| Article 101 | National reporting and statistical information |
| --- | --- |

Article 101

| Article 102 | Administrative cooperation |
| --- | --- |

Article 102

TITLE V

Delegated powers, implementing powers and final provisions

| Article 103 | Exercise of the delegation |
| --- | --- |

Article 103

| Article 104 | Urgency procedure |
| --- | --- |

Article 104

| Article 105 | Committee procedure |
| --- | --- |

Article 105

| Article 106 | Transposition and transitional provisions |
| --- | --- |

Article 106

| Article 107 | Repeal |
| --- | --- |

Article 107

| Article 108 | Review |
| --- | --- |

Article 108

| Article 109 | Entry into force |
| --- | --- |

Article 109

| Article 110 | Addressees |
| --- | --- |

Article 110

ANNEXES

| ANNEX II | List of Union legal acts referred to in Article 4(3) |
| --- | --- |

ANNEX II

| ANNEX III | List of Union legal acts referred to in Article 34(3) |
| --- | --- |

ANNEX III

| ANNEX IV | Deadlines for the adoption of the implementing acts referred to in Article 35 |
| --- | --- |

ANNEX IV

| ANNEX XV | List of Union legal acts referred to in Article 83(3) |
| --- | --- |

ANNEX XV

ANNEX XXI-M TO CHAPTER 8 ON PUBLIC PROCUREMENT

PROVISIONS OF DIRECTIVE 89/665/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

| Article 2b | Derogations from the standstill period |
| --- | --- |

Article 2b

Point (a) of the first paragraph of Article 2b

| Article 2d | Ineffectiveness |
| --- | --- |

Article 2d

Point (a) of paragraph 1 of Article 2d,

Paragraph 4

| Article 3 | Corrective Mechanisms |
| --- | --- |

Article 3

| Article 3a | Content of the notice for voluntary ex ante transparency |
| --- | --- |

Article 3a

| Article 3b | Committee Procedure |
| --- | --- |

Article 3b

| Article 4 | Implementation |
| --- | --- |

Article 4

| Article 4a | Review |
| --- | --- |

Article 4a

ANNEX XXI-N TO CHAPTER 8 ON PUBLIC PROCUREMENT

PROVISIONS OF DIRECTIVE 92/13/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

| Article 2b | Derogations from the standstill period |
| --- | --- |

Article 2b

Point (a) of the first paragraph of Article 2b

| Article 2d | Ineffectiveness |
| --- | --- |

Article 2d

Point (a) of paragraph 1 of Article 2d,

Paragraph 4

| Article 3a | Content of the notice for voluntary ex ante transparency |
| --- | --- |

Article 3a

| Article 3b | Committee Procedure |
| --- | --- |

Article 3b

| Article 8 | Corrective Mechanisms |
| --- | --- |

Article 8

| Article 12 | Implementation |
| --- | --- |

Article 12

| Article 12a | Review |
| --- | --- |

Article 12a

ANNEX XXI-O TO CHAPTER 8 ON PUBLIC PROCUREMENT

UKRAINE: INDICATIVE LIST OF ISSUES FOR COOPERATION

| 1. | Training, in Ukraine and EU countries, of Ukrainian officials from government bodies engaged in public procurement; |
| --- | --- |

1.

| 2. | Training of suppliers interested participating in public procurement; |
| --- | --- |

2.

| 3. | Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement; |
| --- | --- |

3.

| 4. | Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring; |
| --- | --- |

4.

| 5. | Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement; |
| --- | --- |

5.

| 6. | Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 150 paragraph 2 of this Agreement) |
| --- | --- |

6.

ANNEX XXI-P TO CHAPTER 8 ON PUBLIC PROCUREMENT

THRESHOLDS

| 1. | The value thresholds mentioned in Article 149(3) of this Agreement shall be for both Parties:






  (a) | EUR 135 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities; |
| --- | --- | --- |

1.

(a)

EUR 135 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;

| (b) | EUR 209 000 in the case of public supply and public service contracts not covered by point (a); |
| --- | --- |

(b)

EUR 209 000 in the case of public supply and public service contracts not covered by point (a);

| (c) | EUR 5 225 000 in the case of public works contracts; |
| --- | --- |

(c)

EUR 5 225 000 in the case of public works contracts;

| (d) | EUR 5 225 000 in the case of works contracts in the utilities sector; |
| --- | --- |

(d)

EUR 5 225 000 in the case of works contracts in the utilities sector;

| (e) | EUR 5 225 000 in the case of concessions; |
| --- | --- |

(e)

EUR 5 225 000 in the case of concessions;

| (f) | EUR 418 000 in the case of supply and service contracts in the utilities sector; |
| --- | --- |

(f)

EUR 418 000 in the case of supply and service contracts in the utilities sector;

| (g) | EUR 750 000 for public service contracts for social and other specific services; |
| --- | --- |

(g)

EUR 750 000 for public service contracts for social and other specific services;

| (h) | EUR 1 000 000 for service contracts for social and other specific services in the utilities sector. |
| --- | --- |

(h)

EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.

| 2. | The EUR thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds applicable under the EU Directives at the moment of the entry into force of this Agreement. |
| --- | --- |

2.

---