# Directive 2014/24/EU of the European Parliament and of the CouncilShow full title

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 (Text with EEA relevance)         

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# 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

# (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1), Article 62 and Article                           114 thereof,                        

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),                        

Having regard to the opinion of the Committee of the Regions(2),                        

Acting in accordance with the ordinary legislative procedure(3),                        

Whereas:

(1)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 (TFEU), 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 those principles are given practical effect                              and public procurement is opened up to competition.

(2)Public procurement plays a key role in the Europe 2020 strategy, set out in the Commission Communication of 3 March 2010 entitled                              ‘Europe 2020, a strategy for smart, sustainable and inclusive growth’ (‘Europe 2020 strategy for smart, sustainable and inclusive                              growth’), as one of the market-based instruments to be used to achieve smart, sustainable and inclusive growth while ensuring                              the most efficient use of public funds. For that purpose, the public procurement rules adopted pursuant to Directive 2004/17/EC                              of the European Parliament and of the Council(4) and Directive 2004/18/EC of the European Parliament and of the Council(5) should be revised and modernised in order to increase the efficiency of public spending, facilitating in particular the participation                              of small and medium-sized enterprises (SMEs) 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 legal certainty                              and to incorporate certain aspects of related well-established case-law of the Court of Justice of the European Union.

(3)When implementing this Directive, the United Nations Convention on the Rights of Persons with Disabilities(6) should be taken into account, in particular in connection with the choice of means of communications, technical specifications,                              award criteria and contract performance conditions.

(4)The increasingly diverse forms of public action have made it necessary to define more clearly the notion of procurement itself;                              that clarification should not however broaden the scope of this Directive compared to that of Directive 2004/18/EC. The Union                              rules on public procurement are not intended to cover all forms of disbursement of public funds, but only those aimed at the                              acquisition of works, supplies or services for consideration by means of a public contract. It should be clarified that such                              acquisitions of works, supplies or services should be subject to this Directive whether they are implemented through purchase,                              leasing or other contractual forms.The notion of acquisition should be understood broadly in the sense of obtaining the benefits of the works, supplies or services                              in question, not necessarily requiring a transfer of ownership to the contracting authorities. Furthermore, the mere financing,                              in particular through grants, of an activity, which is frequently linked to the obligation to reimburse the amounts received                              where they are not used for the purposes intended, does not usually fall within the scope of the public procurement rules.                              Similarly, situations where all operators fulfilling certain conditions are entitled to perform a given task, without any                              selectivity, such as customer choice and service voucher systems, should not be understood as being procurement but simple                              authorisation schemes (for instance licences for medicines or medical services).

(5)It should be recalled that nothing in this Directive obliges Member States to contract out or externalise the provision of                              services that they wish to provide themselves or to organise by means other than public contracts within the meaning of this                              Directive. The provision of services based on laws, regulations or employment contracts should not be covered. In some Member                              States, this might for example be the case for certain administrative and government services such as executive and legislative                              services or the provision of certain services to the community, such as foreign affairs services or justice services or compulsory                              social security services.

(6)It is also appropriate to recall that this Directive should not affect the social security legislation of the Member States.                              Nor should it deal with the liberalisation of services of general economic interest, reserved to public or private entities,                              or with the privatisation of public entities providing services.It should equally be recalled that Member States are free to organise the provision of compulsory social services or of other                              services such as postal services either as services of general economic interest or as non-economic services of general interest                              or as a mixture thereof. It is appropriate to clarify that non-economic services of general interest should not fall within                              the scope of this Directive.

(7)It should finally be recalled that this Directive is without prejudice to the freedom of national, regional and local authorities                              to define, in conformity with Union law, services of general economic interest, their scope and the characteristics of the                              service to be provided, including any conditions regarding the quality of the service, in order to pursue their public policy                              objectives. This Directive should also be without prejudice to the power of national, regional and local authorities to provide,                              commission and finance services of general economic interest in accordance with Article 14 TFEU and Protocol No 26 on Services                              of General Interest annexed to the TFEU and to the Treaty on European Union (TEU). In addition, this Directive does not deal                              with the funding of services of general economic interest or with systems of aid granted by Member States, in particular in                              the social field, in accordance with Union rules on competition.

(8)A contract should be deemed to be a public works contract only if its subject-matter specifically covers the execution of                              activities listed in Annex II, even if the contract covers the provision of other services necessary for the execution of                              such activities. Public service contracts, in particular in the sphere of property management services, may, in certain circumstances,                              include works. However, in so far as such works are incidental to the principal subject-matter of the contract, and are a                              possible consequence thereof or a complement thereto, the fact that such works are included in the contract does not justify                              the qualification of the public service contract as a public works contract.However, in view of the diversity of public works contracts, contracting authorities should be able to make provision for                              contracts for the design and execution of work to be awarded either separately or jointly. This Directive is not intended                              to prescribe either joint or separate contract awards.

(9)The realisation of a work corresponding to the requirements specified by a contracting authority requires that the authority                              in question must have taken measures to define the type of the work or, at the very least, have had a decisive influence on                              its design. Whether the contractor realises all or part of the work by his own means or ensures their realisation by other                              means should not change the classification of the contract as a works contract, as long as the contractor assumes a direct                              or indirect obligation that is legally enforceable to ensure that the works will be realised.

(10)The notion of ‘contracting authorities’ and in particular that of ‘bodies governed by public law’ have been examined repeatedly                              in the case-law of the Court of Justice of the European Union. To clarify that the scope of this Directive *ratione personae* should remain unaltered, it is appropriate to maintain the definitions on which the Court based itself and to incorporate                              a certain number of clarifications given by that case-law as a key to the understanding of the definitions themselves, without                              the intention of altering the understanding of the concepts as elaborated by the case-law. For that purpose, it should be                              clarified that a body which operates in normal market conditions, aims to make a profit, and bears the losses resulting from                              the exercise of its activity should not be considered as being a ‘body governed by public law’ since the needs in the general                              interest, that it has been set up to meet or been given the task of meeting, can be deemed to have an industrial or commercial                              character.Similarly, the condition relating to the origin of the funding of the body considered, has also been examined in the case-law,                              which has clarified inter alia that being financed for ‘the most part’ means for more than half, and that such financing may                              include payments from users which are imposed, calculated and collected in accordance with rules of public law.

(11)In the case of mixed contracts, the applicable rules should be determined with respect to the main subject of the contract                              where the different parts which constitute the contract are objectively not separable. It should therefore be clarified how                              contracting authorities should determine whether the different parts are separable or not. Such clarification should be based                              on the relevant case-law of the Court of Justice of the European Union.The determination should be carried out on a case-by-case basis, in which the expressed or presumed intentions of the contracting                              authority to regard the various aspects making up a mixed contract as indivisible should not be sufficient, but should be                              supported by objective evidence capable of justifying them and of establishing the need to conclude a single contract. Such                              a justified need to conclude a single contract could for instance be present in the case of the construction of one single                              building, a part of which is to be used directly by the contracting authority concerned and another part to be operated on                              a concessions basis, for instance to provide parking facilities to the public. It should be clarified that the need to conclude                              a single contract may be due to reasons both of a technical nature and of an economic nature.

(12)In the case of mixed contracts which can be separated, contracting authorities are always free to award separate contracts                              for the separate parts of the mixed contract, in which case the provisions applicable to each separate part should be determined                              exclusively with respect to the characteristics of that specific contract. On the other hand, where contracting authorities                              choose to include other elements in the procurement, whatever their value and whatever the legal regime the added elements                              would otherwise have been subject to, the main principle should be that, where a contract should be awarded pursuant to the                              provisions of this Directive, if awarded on its own, then this Directive should continue to apply to the entire mixed contract.

(13)However, special provision should be made for mixed contracts involving defence or security aspects or parts not falling within                              the scope of the TFEU. In such cases, non-application of this Directive should be possible provided that the award of a single                              contract is justified for objective reasons and that the decision to award a single contract is not taken for the purpose                              of excluding contracts from the application of this Directive or of Directive 2009/81/EC of the European Parliament and of                              the Council(7). It should be clarified that contracting authorities should not be prevented from choosing to apply this Directive to certain                              mixed contracts instead of applying Directive 2009/81/EC.

(14)It should be clarified that the notion of ‘economic operators’ should be interpreted in a broad manner so as to include any                              persons and/or entities which offer the execution of works, the supply of products or the provision of services on the market,                              irrespective of the legal form under which they have chosen to operate. Thus, firms, branches, subsidiaries, partnerships,                              cooperative societies, limited companies, universities, public or private, and other forms of entities than natural persons                              should all fall within the notion of economic operator, whether or not they are ‘legal persons’ in all circumstances.

(15)It should be clarified that groups of economic operators, including where they have come together in the form of a temporary                              association, may participate in award procedures without it being necessary for them to take on a specific legal form. To                              the extent this is necessary, for instance where joint and several liability is required, a specific form may be required                              when such groups are awarded the contract.It should also be clarified that contracting authorities should be able to set out explicitly how groups of economic operators                              are to meet the requirements concerning economic and financial standing as set out in this Directive, or the criteria relating                              to technical and professional ability, which are required of economic operators participating on their own.The performance of contracts by groups of economic operators may necessitate setting conditions which are not imposed on individual                              participants. Such conditions, which should be justified by objective reasons and be proportionate, could for instance include                              requiring the appointment of a joint representation or a lead partner for the purposes of the procurement procedure or requiring                              information on their constitution.

(16)Contracting authorities should make use of all possible means at their disposal under national law in order to prevent distortions                              in public procurement procedures stemming from conflicts of interest. This could include procedures to identify, prevent and                              remedy conflicts of interests.

(17)Council Decision 94/800/EC(8) approved in particular the World Trade Organisation Agreement on Government Procurement (the ‘GPA’). The aim of the GPA is                              to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving                              the liberalisation and expansion of world trade. For contracts covered by Annexes 1, 2, 4 and 5 and the General Notes to the                              European Union’s Appendix I to the GPA, as well as by other relevant international agreements by which the Union is bound,                              contracting authorities should fulfil the obligations under those agreements by applying this Directive to economic operators                              of third countries that are signatories to the agreements.

(18)The GPA applies to contracts above certain thresholds, set in the GPA and expressed as special drawing rights. The thresholds                              laid down by this Directive should be aligned to ensure that they correspond to the euro equivalents of the thresholds of                              the GPA. Provision should also be made for periodic reviews of the thresholds expressed in euros so as to adjust them, by                              means of a purely mathematical operation, to possible variations in the value of the euro in relation to those special drawing                              rights. Apart from those periodic mathematical adjustments, an increase in the thresholds set in the GPA should be explored                              during the next round of negotiations thereof.

(19)It should be clarified that, for the estimation of the value of a contract, all revenues have to be taken into account, whether                              received from the contracting authority or from third parties. It should also be clarified that, for the purpose of estimating                              the thresholds, the notion of similar supplies should be understood as products which are intended for identical or similar                              uses, such as supplies of a range of foods or of various items of office furniture. Typically, an economic operator active                              in the field concerned would be likely to carry such supplies as part of his normal product range.

(20)For the purposes of estimating the value of a given procurement, it should be clarified that it should be allowed to base                              the estimation of the value on a subdivision of the procurement only where justified by objective reasons. For instance, it                              could be justified to estimate contract values at the level of a separate operational unit of the contracting authority, such                              as for instance schools or kindergartens, provided that the unit in question is independently responsible for its procurement.                              This can be assumed where the separate operational unit independently runs the procurement procedures and makes the buying                              decisions, has a separate budget line at its disposal for the procurements concerned, concludes the contract independently                              and finances it from a budget which it has at its disposal. A subdivision is not justified where the contracting authority                              merely organises a procurement in a decentralised way.

(21)Public contracts that are awarded by contracting authorities operating in the water, energy, transport and postal services                              sectors and that fall within the scope of those activities are covered by Directive 2014/25/EU of the European Parliament                              and of the Council(9). However, contracts awarded by contracting authorities in the context of their operation of maritime, coastal or river transport                              services fall within the scope of this Directive.

(22)Being addressed to Member States, this Directive does not apply to procurement carried out by international organisations                              on their own behalf and for their own account. There is, however, a need to clarify to what extent this Directive should be                              applied to procurement governed by specific international rules.

(23)The awarding of public contracts for certain audiovisual and radio media services by media providers should allow aspects                              of cultural or social significance to be taken into account, which renders the application of procurement rules inappropriate.                              For those reasons, an exception should therefore be made for public service contracts, awarded by the media service providers                              themselves, for the purchase, development, production or co-production of off-the-shelf programmes and other preparatory services,                              such as those relating to scripts or artistic performances necessary for the production of the programme. It should also be                              clarified that that exclusion should apply equally to broadcast media services and on-demand services (non-linear services).                              However, that exclusion should not apply to the supply of technical equipment necessary for the production, co-production                              and broadcasting of such programmes.

(24)It should be recalled that arbitration and conciliation services and other similar forms of alternative dispute resolution                              are usually provided by bodies or individuals which are agreed on, or selected, in a manner which cannot be governed by procurement                              rules. It should be clarified that this Directive does not apply to service contracts for the provision of such services,                              whatever their denomination under national law.

(25)A certain number of legal services are rendered by service providers that are designated by a court or tribunal of a Member                              State, involve representation of clients in judicial proceedings by lawyers, must be provided by notaries or are connected                              with the exercise of official authority. Such legal services are usually provided by bodies or individuals designated or selected                              in a manner which cannot be governed by procurement rules, such as for instance the designation of State Attorneys in certain                              Member States. Those legal services should therefore be excluded from the scope of this Directive.

(26)It is appropriate to specify that the notion of financial instruments as referred to in this Directive is given the same meaning                              as in other internal market legislation and, in view of the recent creation of the European Financial Stability Facility and                              the European Stability Mechanism, it should be stipulated that operations conducted with that Facility and that Mechanism                              should be excluded from the scope of this Directive. It should finally be clarified that loans, whether or not they are in                              connection with the issuing of securities or other financial instruments or other operations therewith, should be excluded                              from the scope of this Directive.

(27)It should be recalled that Article 5(1) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council(10) explicitly provides that Directives 2004/17/EC and 2004/18/EC apply, respectively, to service contracts and public service                              contracts for public passenger transport services by bus or tramway, whereas Regulation (EC) No 1370/2007 applies to service                              concessions for public passenger transport by bus or tramway. It should furthermore be recalled that that Regulation continues                              to apply to public service contracts as well as to service concessions for public passenger transport by rail or metro. To                              clarify the relationship between this Directive and Regulation (EC) No 1370/2007, it should be provided explicitly that this                              Directive should not be applicable to public service contracts for the provision of public passenger transport services by                              rail or metro, the award of which should continue to be subject to that Regulation. In so far as Regulation (EC) No 1370/2007                              leaves it to national law to depart from the rules laid down in that Regulation, Member States should be able to continue                              to provide in their national law that public service contracts for public passenger transport services by rail or metro are                              to be awarded by a contract award procedure following their general public procurement rules.

(28)This Directive should not apply to certain emergency services where they are performed by non-profit organisations or associations,                              since the particular nature of those organisations would be difficult to preserve if the service providers had to be chosen                              in accordance with the procedures set out in this Directive. However, the exclusion should not be extended beyond that strictly                              necessary. It should therefore be set out explicitly that patient transport ambulance services should not be excluded. In                              that context it is furthermore necessary to clarify that CPV Group 601 ‘Land Transport Services’ does not cover ambulance                              services, to be found in CPV class 8514. It should therefore be clarified that services, which are covered by CPV code 85143000-3,                              consisting exclusively of patient transport ambulance services should be subject to the special regime set out for social                              and other specific services (the ‘light regime’). Consequently, mixed contracts for the provision of ambulance services in                              general would also be subject to the light regime if the value of the patient transport ambulance services were greater than                              the value of other ambulance services.

(29)It is appropriate to recall that this Directive applies only to contracting authorities of Member States. Consequently, political                              parties in general, not being contracting authorities, are not subject to its provisions. However, political parties in some                              Member States might fall within the notion of bodies governed by public law.However, certain services (such as propaganda film and video-tape production) are so inextricably connected to the political                              views of the service provider when provided in the context of an election campaign, that the service providers are normally                              selected in a manner which cannot be governed by procurement rules.Finally, it should be recalled that the statute and funding of European political parties and European political foundations                              are subject to rules other than those laid down in this Directive.

(30)In certain cases, a contracting authority or an association of contracting authorities may be the sole source for a particular                              service, in respect of the provision of which it enjoys an exclusive right pursuant to laws, regulations or published administrative                              provisions which are compatible with the TFEU. It should be clarified that this Directive need not apply to the award of public                              service contracts to that contracting authority or association.

(31)There is considerable legal uncertainty as to how far contracts concluded between entities in the public sector should be                              covered by public procurement rules. The relevant case-law of the Court of Justice of the European Union is interpreted differently                              between Member States and even between contracting authorities. It is therefore necessary to clarify in which cases contracts                              concluded within the public sector are not subject to the application of public procurement rules.Such clarification should be guided by the principles set out in the relevant case-law of the Court of Justice of the European                              Union. The sole fact that both parties to an agreement are themselves public authorities does not as such rule out the application                              of procurement rules. However, the application of public procurement rules should not interfere with the freedom of public                              authorities to perform the public service tasks conferred on them by using their own resources, which includes the possibility                              of cooperation with other public authorities.It should be ensured that any exempted public-public cooperation does not result in a distortion of competition in relation                              to private economic operators in so far as it places a private provider of services in a position of advantage vis-à-vis its                              competitors.

(32)Public contracts awarded to controlled legal persons should not be subject to the application of the procedures provided for                              by this Directive if the contracting authority exercises a control over the legal person concerned which is similar to that                              which it exercises over its own departments, provided that the controlled legal person carries out more than 80 % of its activities                              in the performance of tasks entrusted to it by the controlling contracting authority or by other legal persons controlled                              by that contracting authority, regardless of the beneficiary of the contract performance.The exemption should not extend to situations where there is direct participation by a private economic operator in the capital                              of the controlled legal person since, in such circumstances, the award of a public contract without a competitive procedure                              would provide the private economic operator with a capital participation in the controlled legal person an undue advantage                              over its competitors. However, in view of the particular characteristics of public bodies with compulsory membership, such                              as organisations responsible for the management or exercise of certain public services, this should not apply in cases where                              the participation of specific private economic operators in the capital of the controlled legal person is made compulsory                              by a national legislative provision in conformity with the Treaties, provided that such participation is non-controlling and                              non-blocking and does not confer a decisive influence on the decisions of the controlled legal person. It should further be                              clarified that the decisive element is only the direct private participation in the controlled legal person. Therefore, where                              there is private capital participation in the controlling contracting authority or in the controlling contracting authorities,                              this does not preclude the award of public contracts to the controlled legal person, without applying the procedures provided                              for by this Directive as such participations do not adversely affect competition between private economic operators.It should also be clarified that contracting authorities such as bodies governed by public law, that may have private capital                              participation, should be in a position to avail themselves of the exemption for horizontal cooperation. Consequently, where                              all other conditions in relation to horizontal cooperation are met, the horizontal cooperation exemption should extend to                              such contracting authorities where the contract is concluded exclusively between contracting authorities.

(33)Contracting authorities should be able to choose to provide jointly their public services by way of cooperation without being                              obliged to use any particular legal form. Such cooperation might cover all types of activities related to the performance                              of services and responsibilities assigned to or assumed by the participating authorities, such as mandatory or voluntary tasks                              of local or regional authorities or services conferred upon specific bodies by public law. The services provided by the various                              participating authorities need not necessarily be identical; they might also be complementary.Contracts for the joint provision of public services should not be subject to the application of the rules set out in this                              Directive provided that they are concluded exclusively between contracting authorities, that the implementation of that cooperation                              is governed solely by considerations relating to the public interest and that no private service provider is placed in a position                              of advantage vis-à-vis its competitors.In order to fulfil those conditions, the cooperation should be based on a cooperative concept. Such cooperation does not require                              all participating authorities to assume the performance of main contractual obligations, as long as there are commitments                              to contribute towards the cooperative performance of the public service in question. In addition, the implementation of the                              cooperation, including any financial transfers between the participating contracting authorities, should be governed solely                              by considerations relating to the public interest.

(34)Certain cases exist where a legal entity acts, under the relevant provisions of national law, as an instrument or technical                              service to determined contracting authorities, is obliged to carry out orders given to it by those contracting authorities                              and has no influence on the remuneration for its performance. In view of its non-contractual nature, such a purely administrative                              relationship should not fall within the scope of public procurement procedures.

(35)The co-financing of research and development (R&D) programmes by industry sources should be encouraged. It should consequently                              be clarified that this Directive applies only where there is no such co-financing and where the outcome of the R&D activities                              go to the contracting authority concerned. This should not exclude the possibility that the service provider, having carried                              out those activities, could publish an account thereof as long as the contracting authority retains the exclusive right to                              use the outcome of the R&D in the conduct of its own affairs. However fictitious sharing of the results of the R&D or purely                              symbolic participation in the remuneration of the service provider should not prevent the application of this Directive.

(36)Employment and occupation contribute to integration in society and are key elements in guaranteeing equal opportunities for                              all. In this context, sheltered workshops can play a significant role. The same is true for other social businesses whose                              main aim is to support the social and professional integration or reintegration of disabled and disadvantaged persons, such                              as the unemployed, members of disadvantaged minorities or otherwise socially marginalised groups. However, such workshops                              or businesses might not be able to obtain contracts under normal conditions of competition. Consequently, it is appropriate                              to provide that Member States should be able to reserve the right to participate in award procedures for public contracts                              or for certain lots thereof to such workshops or businesses or reserve performance of contracts to the context of sheltered                              employment programmes.

(37)With a view to an appropriate integration of environmental, social and labour requirements into public procurement procedures                              it is of particular importance that Member States and contracting authorities take relevant measures to ensure compliance                              with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed                              or the services provided and result from laws, regulations, decrees and decisions, at both national and Union level, as well                              as from collective agreements, provided that such rules, and their application, comply with Union law. Equally, obligations                              stemming from international agreements ratified by all Member States and listed in Annex X should apply during contract performance.                              However, this should in no way prevent the application of terms and conditions of employment which are more favourable to                              workers.The relevant measures should be applied in conformity with the basic principles of Union law, in particular with a view to                              ensuring equal treatment. Such relevant measures should be applied in accordance with Directive 96/71/EC of the European Parliament                              and of the Council(11) and in a way that ensures equal treatment and does not discriminate directly or indirectly against economic operators and                              workers from other Member States.

(38)Services should be considered to be provided at the place at which the characteristic performances are executed. When services                              are provided at a distance, for example services provided by call centres, those services should be considered to be provided                              at the place where the services are executed, irrespective of the places and Member States to which the services are directed.

(39)The relevant obligations could be mirrored in contract clauses. It should also be possible to include clauses ensuring compliance                              with collective agreements in compliance with Union law in public contracts. Non-compliance with the relevant obligations                              could be considered to be grave misconduct on the part of the economic operator concerned, liable to exclusion of that economic                              operator from the procedure for the award of a public contract.

(40)Control of the observance of the environmental, social and labour law provisions should be performed at the relevant stages                              of the procurement procedure, when applying the general principles governing the choice of participants and the award of contracts,                              when applying the exclusion criteria and when applying the provisions concerning abnormally low tenders. The necessary verification                              for that purpose should be carried out in accordance with the relevant provisions of this Directive, in particular those governing                              means of proof and self-declarations.

(41)Nothing in this Directive should prevent the imposition or enforcement of measures necessary to protect public policy, public                              morality, public security, health, human and animal life, the preservation of plant life or other environmental measures,                              in particular with a view to sustainable development, provided that those measures are in conformity with the TFEU.

(42)There is a great need for contracting authorities to have additional flexibility to choose a procurement procedure, which                              provides for negotiations. A greater use of those procedures is also likely to increase cross-border trade, as the evaluation                              has shown that contracts awarded by negotiated procedure with prior publication have a particularly high success rate of cross-border                              tenders. Member States should be able to provide for the use of the competitive procedure with negotiation or the competitive                              dialogue, in various situations where open or restricted procedures without negotiations are not likely to lead to satisfactory                              procurement outcomes. It should be recalled that use of the competitive dialogue has significantly increased in terms of contract                              values over the past years. It has shown itself to be of use in cases where contracting authorities are unable to define the                              means of satisfying their needs or of assessing what the market can offer in terms of technical, financial or legal solutions.                              This situation may arise in particular with innovative projects, the implementation of major integrated transport infrastructure                              projects, large computer networks or projects involving complex and structured financing. Where relevant, contracting authorities                              should be encouraged to appoint a project leader to ensure good cooperation between the economic operators and the contracting                              authority during the award procedure.

(43)For works contracts, such situations include works that are not standard buildings or where works includes design or innovative                              solutions. For services or supplies that require adaptation or design efforts, the use of a competitive procedure with negotiation                              or competitive dialogue is likely to be of value. Such adaptation or design efforts are particularly necessary in the case                              of complex purchases such as sophisticated products, intellectual services, for example some consultancy services, architectural                              services or engineering services, or major information and communications technology (ICT) projects. In those cases, negotiations                              may be necessary to guarantee that the supply or service in question corresponds to the needs of the contracting authority.                              In respect of off-the-shelf services or supplies that can be provided by many different operators on the market, the competitive                              procedure with negotiation and competitive dialogue should not be used.

(44)The competitive procedure with negotiation should also be available in cases where an open or restricted procedure resulted                              only in irregular or unacceptable tenders. In such cases, contracting authorities should be allowed to conduct negotiations                              with the aim of obtaining regular and acceptable tenders.

(45)The competitive procedure with negotiation should be accompanied by adequate safeguards ensuring observance of the principles                              of equal treatment and transparency. In particular, contracting authorities should indicate beforehand the minimum requirements                              which characterise the nature of the procurement and which should not be changed in the negotiations. Award criteria and their                              weighting should remain stable throughout the entire procedure and should not be subject to negotiations, in order to guarantee                              equal treatment of all economic operators. Negotiations should aim at improving the tenders so as to allow contracting authorities                              to buy works, supplies and services perfectly adapted to their specific needs. Negotiations may concern all characteristics                              of the purchased works, supplies and services including, for instance, quality, quantities, commercial clauses as well as                              social, environmental and innovative aspects, in so far as they do not constitute minimum requirements.It should be clarified that the minimum requirements to be set by the contracting authority are those conditions and characteristics                              (particularly physical, functional and legal) that any tender should meet or possess in order to allow the contracting authority                              to award the contract in accordance with the chosen award criteria. In order to ensure transparency and traceability of the                              process, all stages should be duly documented. Furthermore, all tenders throughout the procedure should be submitted in writing.

(46)Contracting authorities should be allowed to shorten certain deadlines applicable to open and restricted procedures and to                              competitive procedures with negotiation where the deadlines in question would be impracticable because of a state of urgency                              which should be duly substantiated by the contracting authorities. It should be clarified that this need not be an extreme                              urgency brought about by events unforeseeable for and not attributable to the contracting authority.

(47)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 products, works 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.It should be recalled that a series of procurement models have been outlined in the Commission Communication of 14 December                              2007 entitled ‘Pre-commercial Procurement: Driving innovation to ensure sustainable high quality public services in Europe’,                              which deals with the procurement of those R&D services not falling within the scope of this Directive. Those models would                              continue to be available, but this Directive should also contribute to facilitating public procurement of innovation and help                              Member States in achieving the Innovation Union targets.

(48)Because of the importance of innovation, contracting authorities should be encouraged to allow variants as often as possible.                              The attention of those authorities should consequently be drawn to the need to define the minimum requirements to be met by                              variants before indicating that variants may be submitted.

(49)Where a need for the development of an innovative product or service or innovative works and the subsequent purchase of the                              resulting supplies, services or works cannot be met by solutions already available on the market, contracting authorities                              should have access to a specific procurement procedure in respect of contracts falling within the scope of this Directive.                              This specific procedure should allow contracting authorities to establish a long-term innovation partnership for the development                              and subsequent purchase of a new, innovative product, service or works provided that such innovative product or service or                              innovative works can be delivered to agreed performance levels and costs, without the need for a separate procurement procedure                              for the purchase. The innovation partnership should be based on the procedural rules that apply to the competitive procedure                              with negotiation and contracts should be awarded on the sole basis of the best price-quality ratio, which is most suitable                              for comparing tenders for innovative solutions. Whether in respect of very large projects or smaller innovative projects,                              the innovation 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.Contracting authorities should therefore not use innovation partnerships in such a way as to prevent, restrict or distort                              competition. In certain cases, setting up innovation partnerships with several partners could contribute to avoiding such                              effects.

(50)In view of the detrimental effects on competition, negotiated procedures without prior publication of a contract notice should                              be used only in very exceptional circumstances. This exception should be limited to cases where publication is either not                              possible, for reasons of extreme urgency brought about by events unforeseeable for and not attributable to the contracting                              authority, or where it is clear from the outset that publication would not trigger more competition or better procurement                              outcomes, not least because there is objectively only one economic operator that can perform the contract. This is the case                              for works of art, where the identity of the artist intrinsically determines the unique character and value of the art object                              itself. Exclusivity can also arise from other reasons, but only situations of objective exclusivity can justify the use of                              the negotiated procedure without publication, where the situation of exclusivity has not been created by the contracting authority                              itself with a view to the future procurement procedure.Contracting authorities relying on this exception should provide reasons why there are no reasonable alternatives or substitutes                              such as using alternative distribution channels including outside the Member State of the contracting authority or considering                              functionally comparable works, supplies and services.Where the situation of exclusivity is due to technical reasons, they should be rigorously defined and justified on a case-by-case                              basis. They could include, for instance, near technical impossibility for another economic operator to achieve the required                              performance or the necessity to use specific know-how, tools or means which only one economic operator has at its disposal.                              Technical reasons may also derive from specific interoperability requirements which must be fulfilled in order to ensure the                              functioning of the works, supplies or services to be procured.Finally, a procurement procedure is not useful where supplies are purchased directly on a commodity market, including trading                              platforms for commodities such as agricultural products, raw materials and energy exchanges, where the regulated and supervised                              multilateral trading structure naturally guarantees market prices.

(51)It should be clarified that the provisions concerning protection of confidential information do not in any way prevent public                              disclosure of non-confidential parts of concluded contracts, including any subsequent changes.

(52)Electronic means of information and communication can greatly simplify the publication of contracts and increase the efficiency                              and transparency of procurement processes. They should become the standard means of communication and information exchange                              in procurement procedures, as they greatly enhance the possibilities of economic operators to participate in procurement procedures                              across the internal market. For that purpose, transmission of notices in electronic form, electronic availability of the procurement                              documents and – after a transition period of 30 months – fully electronic communication, meaning communication by electronic                              means at all stages of the procedure, including the transmission of requests for participation and, in particular, the transmission                              of the tenders (electronic submission) should be made mandatory. Member States and contracting authorities should remain free                              to go further if they so wish. It should also be clarified that mandatory use of electronic means of communications pursuant                              to this Directive should not, however, oblige contracting authorities to carry out electronic processing of tenders, nor should                              it mandate electronic evaluation or automatic processing. Furthermore, pursuant to this Directive, no elements of the public                              procurement process after the award of the contract should be covered by the obligation to use electronic means of communication,                              nor should internal communication within the contracting authority.

(53)Contracting authorities should, except in certain specific situations, use electronic means of communication which are non-discriminatory,                              generally available and interoperable with the ICT products in general use and which do not restrict economic operators’ access                              to the procurement procedure. The use of such means of communication should also take accessibility for persons with disabilities                              into due account. It should be clarified that the obligation to use electronic means at all stages of the public procurement                              procedure would be appropriate neither where the use of electronic means would require specialised tools or file formats that                              are not generally available nor where the communications concerned could only be handled using specialised office equipment.                              Contracting authorities should therefore not be obliged to require the use of electronic means of communication in the submission                              process in certain cases, which should be listed exhaustively. This Directive stipulates that such cases should include situations                              which would require the use of specialised office equipment not generally available to the contracting authorities such as                              wide-format printers. In some procurement procedures the procurement documents might require the submission of a physical                              or scale model which cannot be submitted to the contracting authorities using electronic means. In such situations, the model                              should be transmitted to the contracting authorities by post or other suitable carrier.It should however be clarified that the use of other means of communication should be limited to those elements of the tender                              for which electronic means of communications are not required.It is appropriate to clarify that, where necessary for technical reasons, contracting authorities should be able to set a                              maximum limit to the size of the files that may be submitted.

(54)There can be exceptional cases in which contracting authorities should be allowed not to use electronic means of communication                              where not using such means of communication is necessary in order to protect the particularly sensitive nature of information.                              It should be clarified that, where the use of electronic tools which are not generally available can offer the necessary level                              of protection, such electronic tools should be used. Such might for instance be the case where contracting authorities require                              the use of dedicated secure means of communication to which they offer access.

(55)Differing technical formats or processes and messaging standards could potentially create obstacles to interoperability, not                              only within each Member State but also and especially between the Member States. For example, in order to participate in a                              procurement procedure in which use of electronic catalogues, which is a format for the presentation and organisation of information                              in a manner that is common to all the participating bidders and which lends itself to electronic treatment, is permitted or                              required, economic operators would, in the absence of standardisation, be required to customise their own catalogues to each                              procurement procedure, which would entail providing very similar information in different formats depending on the specifications                              of the contracting authority concerned. Standardising the catalogue formats would thus improve the level of interoperability,                              enhance efficiency and would also reduce the effort required of economic operators.

(56)When considering whether there is a need to ensure or enhance interoperability between differing technical formats or process                              and messaging standards by rendering the use of specific standards mandatory, and if so which standards to impose, the Commission                              should take the utmost account of the opinions of the stakeholders concerned. It should also consider the extent to which                              a given standard has already been used in practice by economic operators and contracting authorities and how well it has worked.                              Before making the use of any particular technical standard mandatory, the Commission should also carefully consider the costs                              that this might entail, in particular in terms of adaptations to existing e-procurement solutions, including infrastructure,                              processes or software. Where the standards concerned are not developed by an international, European or national standardisation                              organisation, they should meet the requirements applicable to ICT standards as set out in Regulation (EU) 1025/2012 of the                              European Parliament and of the Council(12).

(57)Before specifying the level of security required for the electronic means of communications to be used at the various stages                              of the award procedure, Member States and contracting authorities should evaluate the proportionality between on the one hand                              the requirements aimed at ensuring correct and reliable identification of the senders of the communication concerned as well                              as the integrity of its content, and on the other hand the risk of problems such as in situations where messages are sent                              by a different sender than that indicated. All other things being equal, this would mean that the level of security required                              of, for instance, an email requesting confirmation of the exact address at which an information meeting will be held would                              not need to be set at the same level as for the tender itself which constitutes a binding offer for the economic operator.                              Similarly, the evaluation of proportionality could result in lower levels of security being required in connection with the                              resubmission of electronic catalogues or the submission of tenders in the context of mini-competitions under a framework agreement                              or the access to procurement documents.

(58)While essential elements of a procurement procedure such as the procurement documents, requests for participation, confirmation                              of interest and tenders should always be made in writing, oral communication with economic operators should otherwise continue                              to be possible, provided that its content is documented to a sufficient degree. This is necessary to ensure an adequate level                              of transparency that allows for a verification of whether the principle of equal treatment has been adhered to. In particular,                              it is essential that oral communications with tenderers which could have an impact on the content and assessment of the tenders                              be documented to a sufficient extent and by appropriate means, such as written or audio records or summaries of the main elements                              of the communication.

(59)There is a strong trend emerging across Union public procurement markets towards the aggregation of demand by public purchasers,                              with a view to obtaining economies of scale, including lower prices and transaction costs, and to improving and professionalising                              procurement management. This can be achieved by concentrating purchases either by the number of contracting authorities involved                              or by volume and value over time. However, the aggregation and centralisation of purchases should be carefully monitored in                              order to avoid excessive concentration of purchasing power and collusion, and to preserve transparency and competition, as                              well as market access opportunities for SMEs.

(60)The instrument of framework agreements has been widely used and is considered as an efficient procurement technique throughout                              Europe. It should therefore be maintained largely as it is. However, certain aspects need to be clarified, in particular that                              framework agreements should not be used by contracting authorities which are not identified in them. For that purpose, the                              contracting authorities that are parties to a specific framework agreement from the outset should be clearly indicated, either                              by name or by other means, such as a reference to a given category of contracting authorities within a clearly delimited geographical                              area, so that the contracting authorities concerned can be easily and unequivocally identified. Likewise, a framework agreement                              should not be open to entry of new economic operators once it has been concluded. This implies for instance that where a central                              purchasing body uses an overall register of the contracting authorities or categories thereof, such as the local authorities                              in a given geographical area, that are entitled to have recourse to framework agreements it concludes, that central purchasing                              body should do so in a way that makes it possible to verify not only the identity of the contracting authority concerned but                              also the date from which it acquires the right to have recourse to the framework agreement concluded by the central purchasing                              body as that date determines which specific framework agreements that contracting authority should be allowed to use.

(61)The objective conditions for determining which of the economic operators party to the framework agreement should perform a                              given task, such as supplies or services intended for use by natural persons, may, in the context of framework agreements                              setting out all the terms, include the needs or the choice of the natural persons concerned.Contracting authorities should be given additional flexibility when procuring under framework agreements, which are concluded                              with more than one economic operator and which set out all the terms.In such cases, contracting authorities should be allowed to obtain specific works, supplies or services, that are covered                              by the framework agreement, either by requiring them from one of the economic operators, determined in accordance with objective                              criteria and on the terms already set out, or by awarding a specific contract for the works, supplies or services concerned                              following a mini-competition among the economic operators parties to the framework agreement. To ensure transparency and equal                              treatment, contracting authorities should indicate in the procurement documents for the framework agreement the objective                              criteria that will govern the choice between those two methods of performing the framework agreement. Such criteria could                              for instance relate to the quantity, value or characteristics of the works, supplies or services concerned, including the                              need for a higher degree of service or an increased security level, or to developments in price levels compared to a predetermined                              price index. Framework agreements should not be used improperly or in such a way as to prevent, restrict or distort competition.                              Contracting authorities should not be obliged pursuant to this Directive to procure works, supplies or services that are covered                              by a framework agreement, under that framework agreement.

(62)It should also be clarified that, while contracts based on a framework agreement are to be awarded before the end of the term                              of the framework agreement itself, the duration of the individual contracts based on a framework agreement does not need to                              coincide with the duration of that framework agreement, but might, as appropriate, be shorter or longer. In particular, it                              should be allowed to set the length of individual contracts based on a framework agreement taking account of factors such                              as the time needed for their performance, where maintenance of equipment with an expected useful life of more than four years                              is included or where extensive training of staff to perform the contract is needed.It should also be clarified that there might be exceptional cases in which the length of the framework agreements themselves                              should be allowed to be longer than four years. Such cases, which should be duly justified, in particular by the subject of                              the framework agreement, might for instance arise where economic operators need to dispose of equipment the amortisation period                              of which is longer than four years and which must be available at any time over the entire duration of the framework agreement.

(63)In view of the experience acquired, there is also a need to adjust the rules governing dynamic purchasing systems to enable                              contracting authorities to take full advantage of the possibilities afforded by that instrument. The systems need to be simplified;                              in particular they should be operated in the form of a restricted procedure, hence eliminating the need for indicative tenders,                              which have been identified as one of the major burdens associated with dynamic purchasing systems. Thus any economic operator                              that submits a request to participate and meets the selection criteria should be allowed to take part in procurement procedures                              carried out through the dynamic purchasing system over its period of validity. This purchasing technique allows the contracting                              authority to have a particularly broad range of tenders and hence to ensure optimum use of public funds through broad competition                              in respect of commonly used or off-the-shelf products, works or services which are generally available on the market.

(64)The examination of those requests to participate should normally be performed within a maximum of 10 working days, given that                              the evaluation of the selection criteria will take place on the basis of the simplified requirements for documentation that                              are set out in this Directive. However, when a dynamic purchasing system is first set up, contracting authorities might, in                              response to the first publication of the contract notice or the invitation to confirm interest, be faced with such a large                              number of requests for participation that they would need more time to examine the requests. That should be admissible, provided                              that no specific procurement is launched before all the requests have been examined. Contracting authorities should be free                              to organise the way in which they intend to examine the requests for participation, for instance by deciding to conduct such                              examinations only once a week, provided the deadlines for the examination of each request of admission are observed.

(65)At any time during the period of validity of the dynamic purchasing system, contracting authorities should be free to require                              economic operators to submit a renewed and updated self-declaration on the fulfilment of criteria for qualitative selection,                              within an adequate time limit. It should be recalled that the possibility foreseen in the general provisions on means of proof                              of this Directive to ask economic operators to submit supporting documents and the obligation to do so of the tenderer to                              which it has decided to award the contract also apply in the particular context of dynamic purchasing systems.

(66)In order to further the possibilities of SMEs to participate in a large-scale dynamic purchasing system, for instance one                              that is operated by a central purchasing body, the contracting authority concerned should be able to articulate the system                              in objectively defined categories of products, works or services. Such categories should be defined by reference to objective                              factors which might for instance include the maximum allowable size of specific contracts to be awarded within the category                              concerned or a specific geographic area in which specific contracts are to be performed. Where a dynamic purchasing system                              is divided into categories, the contracting authority should apply selection criteria that are proportionate to the characteristics                              of the category concerned.

(67)It should be clarified that electronic auctions are typically not suitable for certain public works contracts and certain                              public service contracts having as their subject-matter intellectual performances, such as the design of works, because only                              the elements suitable for automatic evaluation by electronic means, without any intervention or appreciation by the contracting                              authority, namely elements which are quantifiable so that they can be expressed in figures or percentages, may be the object                              of electronic auctions.It should, however, also be clarified that electronic auctions may be used in a procurement procedure for the purchase of                              a specific intellectual property right. It is also appropriate to recall that while contracting authorities remain free to                              reduce the number of candidates or tenderers as long as the auction has not yet started, no further reduction of the number                              of tenderers participating in the electronic auction should be allowed after the auction has started.

(68)New electronic purchasing techniques are constantly being developed, such as electronic catalogues. Electronic catalogues                              are a format for the presentation and organisation of information in a manner that is common to all the participating bidders                              and which lends itself to electronic treatment. An example could be tenders presented in the form of a spreadsheet. Contracting                              authorities should be able to require electronic catalogues in all available procedures where the use of electronic means                              of communication is required. Electronic catalogues help to increase competition and streamline public purchasing, particularly                              in terms of savings in time and money. Certain rules should however be laid down to ensure that the use of the new techniques                              complies with this Directive and with the principles of equal treatment, non-discrimination and transparency. Thus, the use                              of electronic catalogues for the presentation of tenders should not entail the possibility of economic operators limiting                              themselves to the transmission of their general catalogue. Economic operators should still have to adapt their general catalogues                              in view of the specific procurement procedure. Such adaptation ensures that the catalogue that is transmitted in response                              to a given procurement procedure contains only products, works or services that the economic operators estimated - after an                              active examination - correspond to the requirements of the contracting authority. In so doing, economic operators should be                              allowed to copy information contained in their general catalogue, but they should not be allowed to submit the general catalogue                              as such.Furthermore, where sufficient guarantees are offered in respect of ensuring traceability, equal treatment and predictability,                              contracting authorities should be allowed to generate tenders in relation to specific purchases on the basis of previously                              transmitted electronic catalogues, in particular where competition has been reopened under a framework agreement or where                              a dynamic purchasing system is being used.Where tenders have been generated by the contracting authority, the economic operator concerned should be given the possibility                              to verify that the tender thus constituted by the contracting authority does not contain any material errors. Where material                              errors are present, the economic operator should not be bound by the tender generated by the contracting authority unless                              the error is corrected.In line with the requirements of the rules for electronic means of communication, contracting authorities should avoid unjustified                              obstacles to economic operators’ access to procurement procedures in which tenders are to be presented in the form of electronic                              catalogues and which guarantee compliance with the general principles of non-discrimination and equal treatment.

(69)Centralised purchasing techniques are increasingly used in most Member States. Central purchasing bodies are responsible for                              making acquisitions, managing dynamic purchasing systems or awarding public contracts/framework agreements for other contracting                              authorities, with or without remuneration. The contracting authorities for whom a framework agreement is concluded should                              be able to use it for individual or repetitive purchases. In view of the large volumes purchased, such techniques may help                              increase competition and should help to professionalise public purchasing. Provision should therefore be made for a Union                              definition of central purchasing bodies dedicated to contracting authorities and it should be clarified that central purchasing                              bodies operate in two different manners.Firstly, they should be able to act as wholesalers by buying, stocking and reselling or, secondly, they should be able to                              act as intermediaries by awarding contracts, operating dynamic purchasing systems or concluding framework agreements to be                              used by contracting authorities. Such an intermediary role might in some cases be carried out by conducting the relevant award                              procedures autonomously, without detailed instructions from the contracting authorities concerned; in other cases, by conducting                              the relevant award procedures under the instructions of the contracting authorities concerned, on their behalf and for their                              account.Furthermore, rules should be laid down for allocating responsibility for the observance of the obligations pursuant to this                              Directive, as between the central purchasing body and the contracting authorities procuring from or through it. Where the                              central purchasing body has sole responsibility for the conduct of the procurement procedures, it should also be solely and                              directly responsible for the legality of the procedures. Where a contracting authority conducts certain parts of the procedure,                              for instance the reopening of competition under a framework agreement or the award of individual contracts based on a dynamic                              purchasing system, it should continue to be responsible for the stages it conducts.

(70)Contracting authorities should be allowed to award a public service contract for the provision of centralised purchasing activities                              to a central purchasing body without applying the procedures provided for in this Directive. It should also be permitted for                              such public service contracts to include the provision of ancillary purchasing activities. Public service contracts for the                              provision of ancillary purchasing activities should, when performed otherwise than by a central purchasing body in connection                              with its provision of central purchasing activities to the contracting authority concerned, be awarded in accordance with                              this Directive. It should also be recalled that this Directive should not apply where centralised or ancillary purchasing                              activities are provided other than through a contract for pecuniary interest which constitutes procurement within the meaning                              of this Directive.

(71)Strengthening the provisions concerning central purchasing bodies should in no way prevent the current practices of occasional                              joint procurement, i.e. less institutionalised and systematic common purchasing or the established practice of having recourse                              to service providers that prepare and manage procurement procedures on behalf and for the account of a contracting authority                              and under its instructions. On the contrary, certain features of joint procurement should be clarified because of the important                              role joint procurement may play, not least in connection with innovative projects.Joint procurement can take many different forms, ranging from coordinated procurement through the preparation of common technical                              specifications for works, supplies or services that will be procured by a number of contracting authorities, each conducting                              a separate procurement procedure, to situations where the contracting authorities concerned jointly conduct one procurement                              procedure either by acting together or by entrusting one contracting authority with the management of the procurement procedure                              on behalf of all contracting authorities.Where several contracting authorities are jointly conducting a procurement procedure, they should be jointly responsible for                              fulfilling their obligations under this Directive. However, where only parts of the procurement procedure are jointly conducted                              by the contracting authorities, joint responsibility should apply only to those parts of the procedure that have been carried                              out together. Each contracting authority should be solely responsible in respect of procedures or parts of procedures it conducts                              on its own, such as the awarding of a contract, the conclusion of a framework agreement, the operation of a dynamic purchasing                              system, the reopening of competition under a framework agreement or the determination of which of the economic operators party                              to a framework agreement shall perform a given task.

(72)Electronic means of communication are particularly well suited to supporting centralised purchasing practices and tools because                              of the possibility they offer to re-use and automatically process data and to minimise information and transaction costs.                              The use of such electronic means of communication should therefore, as a first step, be rendered compulsory for central purchasing                              bodies, while also facilitating converging practices across the Union. This should be followed by a general obligation to                              use electronic means of communication in all procurement procedures after a transition period of 30 months.

(73)Joint awarding of public contracts by contracting authorities from different Member States currently encounters specific legal                              difficulties concerning conflicts of national laws. Despite the fact that Directive 2004/18/EC implicitly allowed for cross-border                              joint public procurement, contracting authorities are still facing considerable legal and practical difficulties in purchasing                              from central purchasing bodies in other Member States or jointly awarding public contracts. In order to allow contracting                              authorities to derive maximum benefit from the potential of the internal market in terms of economies of scale and risk-benefit                              sharing, not least for innovative projects involving a greater amount of risk than reasonably bearable by a single contracting                              authority, those difficulties should be remedied. Therefore new rules on cross-border joint procurement should be established                              in order to facilitate cooperation between contracting authorities and enhancing the benefits of the internal market by creating                              cross-border business opportunities for suppliers and service providers. Those rules should determine the conditions for cross-border                              utilisation of central purchasing bodies and designate the applicable public procurement legislation, including the applicable                              legislation on remedies, in cases of cross-border joint procedures, complementing the conflict of law rules of Regulation                              (EC) No 593/2008 of the European Parliament and the Council(13). In addition, contracting authorities from different Member States should be able to set up joint entities established under                              national or Union law. Specific rules should be established for such forms of joint procurement.However, contracting authorities should not make use of the possibilities for cross-border joint procurement for the purpose                              of circumventing mandatory public law rules, in conformity with Union law, which are applicable to them in the Member State                              where they are located. Such rules might include, for example, provisions on transparency and access to documents or specific                              requirements for the traceability of sensitive supplies.

(74)The technical specifications drawn up by public purchasers need to allow public procurement to be open to competition as well                              as to achieve objectives of sustainability. To that end, it should be possible to submit tenders that reflect the diversity                              of technical solutions standards and technical specifications in the marketplace, including those drawn up on the basis of                              performance criteria linked to the life cycle and the sustainability of the production process of the works, supplies and                              services.Consequently, technical specifications should be drafted in such a way as 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 that objective to be achieved in the best way possible. Functional and performance-related requirements                              are also appropriate means to favour innovation in public procurement and should be used as widely as possible. Where reference                              is made to a European standard or, in the absence thereof, to a national standard, tenders based on equivalent arrangements                              should be considered by contracting authorities. It should be the responsibility of the economic operator to prove equivalence                              with the requested label.To prove equivalence, it should be possible to require tenderers 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, provided that the economic operator concerned thereby proves that the works, supplies or services meet the requirements                              or criteria set out in the technical specifications, the award criteria or the contract performance conditions.

(75)Contracting authorities that wish to purchase works, supplies or services with specific environmental, social or other characteristics                              should be able to refer to particular labels, such as the European Eco-label, (multi-)national eco-labels or any other label                              provided that the requirements for the label are linked to the subject-matter of the contract, such as the description of                              the product and its presentation, including packaging requirements. It is furthermore essential that those requirements are                              drawn up and adopted on the basis of objectively verifiable criteria, using a procedure in which stakeholders, such as government                              bodies, consumers, manufacturers, distributors and environmental organisations, can participate, and that the label is accessible                              and available to all interested parties. It should be clarified that stakeholders could be public or private bodies, businesses                              or any sort of non-governmental organisation (an organisation that is not a part of a government and is not a conventional                              business).It should equally be clarified that specific national or government bodies or organisations can be involved in setting up                              label requirements that may be used in connection with procurement by public authorities without those bodies or organisations                              losing their status as third parties.References to labels should not have the effect of restricting innovation.

(76)For all procurement intended for use by persons, whether general public or staff of the contracting authority, it is necessary                              for contracting authorities to lay down technical specifications so as to take into account accessibility criteria for people                              with disabilities or design for all users, except in duly justified cases.

(77)When drawing up technical specifications, contracting authorities should take into account requirements ensuing from Union                              law in the field of data protection law, in particular in relation to the design of the processing of personal data (data                              protection by design).

(78)Public procurement should be adapted to the needs of SMEs. Contracting authorities should be encouraged to make use of the                              Code of Best Practices set out in the Commission Staff Working Document of 25 June 2008 entitled ‘European Code of Best Practices                              Facilitating Access by SMEs to Public Procurement Contracts’, providing guidance on how they may apply the public procurement                              framework in a way that facilitates SME participation. To that end and to enhance competition, contracting authorities should                              in particular be encouraged to divide large contracts into lots. Such division could be done on a quantitative basis, making                              the size of the individual contracts better correspond to the capacity of SMEs, or on a qualitative basis, in accordance with                              the different trades and specialisations involved, to adapt the content of the individual contracts more closely to the specialised                              sectors of SMEs or in accordance with different subsequent project phases.The size and subject-matter of the lots should be determined freely by the contracting authority, which, in accordance with                              the relevant rules on the calculation of the estimated value of procurement, should also be allowed to award some of the lots                              without applying the procedures of this Directive. The contracting authority should have a duty to consider the appropriateness                              of dividing contracts into lots while remaining free to decide autonomously on the basis of any reason it deems relevant,                              without being subject to administrative or judicial supervision. Where the contracting authority decides that it would not                              be appropriate to divide the contract into lots, the individual report or the procurement documents should contain an indication                              of the main reasons for the contracting authority’s choice. Such reasons could for instance be that the contracting authority                              finds that such division could risk restricting competition, or risk rendering the execution of the contract excessively technically                              difficult or expensive, or that the need to coordinate the different contractors for the lots could seriously risk undermining                              the proper execution of the contract.Member States should remain free to go further in their efforts to facilitate the involvement of SMEs in the public procurement                              market, by extending the scope of the obligation to consider the appropriateness of dividing contracts into lots to smaller                              contracts, by requiring contracting authorities to provide a justification for a decision not to divide contracts into lots                              or by rendering a division into lots obligatory under certain conditions. With the same purpose, Member States should also                              be free to provide mechanisms for direct payments to subcontractors.

(79)Where contracts are divided into lots, contracting authorities should, for instance in order to preserve competition or to                              ensure reliability of supply, be allowed to limit the number of lots for which an economic operator may tender; they should                              also be allowed to limit the number of lots that may be awarded to any one tenderer.However, the objective of facilitating greater access to public procurement by SMEs might be hampered if contracting authorities                              would be obliged to award the contract lot by lot even where this would entail having to accept substantially less advantageous                              solutions compared to an award grouping several or all of the lots. Where the possibility to apply such a method has been                              clearly indicated beforehand, it should therefore be possible for contracting authorities to conduct a comparative assessment                              of the tenders in order to establish whether the tenders submitted by a particular tenderer for a specific combination of                              lots would, taken as whole, fulfil the award criteria laid down in accordance with this Directive with regard to those lots                              better than the tenders for the individual lots concerned seen in isolation. If so, the contracting authority should be allowed                              to award a contract combining the lots in question to the tenderer concerned. It should be clarified that contracting authorities                              should conduct such a comparative assessment by first determining which tenders best fulfil the award criteria laid down for                              each individual lot and then comparing it with the tenders submitted by a particular tenderer for a specific combination of                              lots, taken as a whole.

(80)In order to make procedures faster and more efficient, time limits for participation in procurement procedures should be kept                              as short as possible without creating undue barriers to access for economic operators from across the internal market and                              in particular SMEs. It should therefore be kept in mind that, when fixing the time limits for the receipt of tenders and requests                              to participate, contracting authorities should take account in particular of the complexity of the contract and the time required                              to draw up tenders, even if this entails setting time limits that are longer than the minima provided for under this Directive.                              The use of electronic means of information and communication, in particular full electronic availability to economic operators,                              tenderers and candidates of procurement documents and electronic transmission of communications leads, on the other hand,                              to increased transparency and time savings. Therefore, provision should be made for reducing the minimum time limits in line                              with the rules set by the GPA and subject to the condition that they are compatible with the specific mode of transmission                              envisaged at Union level. Furthermore, contracting authorities should have the opportunity to further shorten the time limits                              for receipt of requests to participate and of tenders in cases where a state of urgency renders the regular time limits impracticable,                              but does not make a regular procedure with publication impossible. Only in exceptional situations where extreme urgency brought                              about by events unforeseeable by the contracting authority concerned that are not attributable to that contracting authority                              makes it impossible to conduct a regular procedure even with shortened time limits, contracting authorities should, in so                              far as strictly necessary, have the possibility to award contracts by negotiated procedure without prior publication. This                              might be case where natural catastrophes require immediate action.

(81)It should be clarified that the need to ensure that economic operators have sufficient time in which to draw up responsive                              tenders may entail that the time limits which were set initially may have to be extended. This would, in particular, be the                              case where significant changes are made to the procurement documents. It should also be specified that, in that case, significant                              changes should be understood as covering changes, in particular to the technical specifications, in respect of which economic                              operators would need additional time in order to understand and respond appropriately. It should, however, be clarified that                              such changes should not be so substantial that the admission of candidates other than those initially selected would have                              been allowed for or additional participants in the procurement procedure would have been attracted. That could, in particular,                              be the case where the changes render the contract or the framework agreement materially different in character from the one                              initially set out in the procurement documents.

(82)It should be clarified that the information concerning certain decisions taken during a procurement procedure, including the                              decision not to award a contract or not to conclude a framework agreement, should be sent by the contracting authorities,                              without candidates or tenderers having to request such information. It should also be recalled that Council Directive 89/665/EEC(14) provides for an obligation for contracting authorities, again without candidates or tenderer having to request it, to provide                              the candidates and tenderers concerned with a summary of the relevant reasons for some of the central decisions that are taken                              in the course of a procurement procedure. It should finally be clarified that candidates and tenderers should be able to request                              more detailed information concerning those reasons, which contracting authorities should be required to give except where                              there would be serious grounds for not doing so. Those grounds should be set out in this Directive. To ensure the necessary                              transparency in the context of procurement procedures involving negotiations and dialogues with tenderers, tenderers having                              made an admissible tender should, except where there would be serious grounds for not doing so, also be enabled to request                              information on the conduct and progress of the procedure.

(83)Overly demanding requirements concerning economic and financial capacity frequently constitute an unjustified obstacle to                              the involvement of SMEs in public procurement. Any such requirements should be related and proportionate to the subject-matter                              of the contract. In particular, contracting authorities should not be allowed to require economic operators to have a minimum                              turnover that would be disproportionate to the subject-matter of the contract; the requirement should normally not exceed                              at the most twice the estimated contract value. However, in duly justified circumstances, it should be possible to apply higher                              requirements. Such circumstances might relate to the high risks attached to the performance of the contract or the fact that                              its timely and correct performance is critical, for instance because it constitutes a necessary preliminary for the performance                              of other contracts.In such duly justified cases contracting authorities should remain free to decide autonomously whether higher minimum turnover                              requirements would be appropriate and pertinent without being subject to administrative or judicial supervision. Where higher                              minimum turnover requirements are to be applied, contracting authorities should remain free to set the level as long as it                              is related and proportionate to the subject-matter of the contract. Where the contracting authority decides that the minimum                              turnover requirement should be set at a level higher than twice the estimated contract value, the individual report or the                              procurement documents should contain an indication of the main reasons for the contracting authority’s choice.Contracting authorities should also be able to request information on the ratios, for instance, between assets and liabilities                              in the annual accounts. A positive ratio showing higher levels of assets than of liabilities could provide additional evidence                              that the financial capacity of economic operators is sufficient.

(84)Many economic operators, and not least SMEs, find that a major obstacle to their participation in public procurement consists                              in administrative burdens deriving from the need to produce a substantial number of certificates or other documents related                              to exclusion and selection criteria. Limiting such requirements, for example through use of a European Single Procurement                              Document (ESPD) consisting of an updated self-declaration, could result in considerable simplification for the benefit of                              both contracting authorities and economic operators.The tenderer to which it has been decided to award the contract should, however, be required to provide the relevant evidence                              and contracting authorities should not conclude contracts with tenderers unable to do so. Contracting authorities should also                              be entitled to request all or part of the supporting documents at any moment where they consider this to be necessary in view                              of the proper conduct of the procedure. This might in particular be the case in two-stage procedures – restricted procedures,                              competitive procedures with negotiation, competitive dialogues and innovation partnerships - in which the contracting authorities                              make use of the possibility to limit the number of candidates invited to submit a tender. Requiring submission of the supporting                              documents at the moment of selection of the candidates to be invited could be justified to avoid that contracting authorities                              invite candidates which later prove unable to submit the supporting documents at the award stage, depriving otherwise qualified                              candidates from participation.It should be set out explicitly that the ESPD should also provide the relevant information in respect of entities on whose                              capacities an economic operator relies, so that the verification of the information regarding such entities can be carried                              out together with and on the same conditions as the verification in respect of the main economic operator.

(85)It is important that the decisions of contracting authorities should be based on recent information, in particular as regards                              exclusion grounds, given that important changes can intervene quite rapidly, for instance in the event of financial difficulties                              which would render the economic operator unsuitable or, conversely, because an outstanding debt on social contributions would                              meanwhile have been paid. It is therefore preferable that, whenever possible, contracting authorities should verify such information                              by accessing relevant databases, which should be national in the sense of being administered by public authorities. At the                              current stage of development, there might still be cases where doing so is not yet possible because of technical reasons.                              The Commission should therefore envisage promoting measures that could facilitate easy recourse to up-to-date information                              electronically, such as strengthening tools offering access to virtual company dossiers, or means of facilitating interoperability                              between databases or other such flanking measures.It should also be provided that contracting authorities should not ask for still up-to-date documents, which they already                              possess from earlier procurement procedures. However, it should also be ensured that contracting authorities will not be faced                              with disproportionate archiving and filing burdens in this context. Consequently, implementation of this duty should only                              be applicable once the use of electronic means of communication is obligatory, as electronic document management will render                              the task much easier for contracting authorities.

(86)Further simplification for both economic operators and contracting authorities could be obtained by means of a standard form                              for self-declarations, which could reduce problems linked to the precise drafting of formal statements and declarations of                              consent as well as language issues.

(87)The Commission provides and manages an electronic system, e-Certis, which is currently updated and verified on a voluntary                              basis by national authorities. The aim of e-Certis is to facilitate the exchange of certificates and other documentary evidence                              frequently required by contracting authorities. Experience acquired so far indicates that voluntary updating and verification                              is insufficient to ensure that e-Certis can deliver its full potential for simplifying and facilitating documentary exchanges                              for the benefit of SMEs in particular. Maintenance should therefore be rendered obligatory in a first step. Recourse to e-Certis                              will be made mandatory at a later stage.

(88)Contracting authorities should be able to require that environmental management measures or schemes be applied during the                              performance of a public contract. Environmental management schemes, whether or not they are registered under Union instruments                              such as Regulation (EC) No 1221/2009 of the European Parliament and of the Council(15), can demonstrate that the economic operator has the technical capability to perform the contract. This includes Ecolabel                              certificates involving environmental management criteria. Where an economic operator has no access to such environmental management                              registration schemes or no possibility of obtaining them within the relevant time limits, it should be allowed to submit a                              description of the environmental management measures implemented, provided that the economic operator concerned demonstrates                              that those measures ensure the same level of environmental protection as the measures required under the environmental management.

(89)The notion of award criteria is central to this Directive. It is therefore important that the relevant provisions be presented                              in as simple and streamlined a way as possible. This can be obtained by using the terminology ‘most economically advantageous                              tender’ as the overriding concept, since all winning tenders should finally be chosen in accordance with what the individual                              contracting authority considers to be the economically best solution among those offered. In order to avoid confusion with                              the award criterion that is currently known as the ‘most economically advantageous tender’ in Directives 2004/17/EC and 2004/18/EC,                              a different terminology should be used to cover that concept, the ‘best price-quality ratio’. Consequently, it should be interpreted                              in accordance with the case-law relating to those Directives, except where there is a clearly materially different solution                              in this Directive.

(90)Contracts should be awarded on the basis of objective criteria that ensure compliance with the principles of transparency,                              non-discrimination and equal treatment, with a view to ensuring an objective comparison of the relative value of the tenders                              in order to determine, in conditions of effective competition, which tender is the most economically advantageous tender.                              It should be set out explicitly that the most economically advantageous tender should be assessed on the basis of the best                              price-quality ratio, which should always include a price or cost element. It should equally be clarified that such assessment                              of the most economically advantageous tender could also be carried out on the basis of either price or cost effectiveness                              only. It is furthermore appropriate to recall that contracting authorities are free to set adequate quality standards by using                              technical specifications or contract performance conditions.In order to encourage a greater quality orientation of public procurement, Member States should be permitted to prohibit or                              restrict use of price only or cost only to assess the most economically advantageous tender where they deem this appropriate.To ensure compliance with the principle of equal treatment in the award of contracts, contracting authorities should be obliged                              to create the necessary transparency to enable all tenderers to be reasonably informed of the criteria and arrangements which                              will be applied in the contract award decision. Contracting authorities should therefore be obliged to indicate the contract                              award criteria and the relative weighting given to each of those criteria. Contracting authorities should, however, be permitted                              to derogate from that obligation to indicate the weighting of the criteria in duly justified cases for which they must be                              able to give reasons, where the weighting cannot be established in advance, in particular because of the complexity of the                              contract. In such cases, they should indicate the criteria in decreasing order of importance.

(91)Article 11 TFEU requires that environmental protection requirements 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 can 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.

(92)When assessing the best price-quality ratio contracting authorities should determine the economic and qualitative criteria                              linked to the subject-matter of the contract that they will use for that purpose. Those criteria should thus allow for a comparative                              assessment of the level of performance offered by each tender in the light of the subject-matter of the contract, as defined                              in the technical specifications. In the context of the best price-quality ratio, a non-exhaustive list of possible award criteria                              which include environmental and social aspects is set out in this Directive. Contracting authorities should be encouraged                              to choose award criteria that allow them to obtain high-quality works, supplies and services that are optimally suited to                              their needs.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 arrangements that allow the information provided                              by the tenderers to be effectively verified.To identify the most economically advantageous tender, the contract award decision should not be based on non-cost criteria                              only. Qualitative criteria should therefore be accompanied by a cost criterion that could, at the choice of the contracting                              authority, be either the price or a cost-effectiveness approach such as life-cycle costing. However, the award criteria should                              not affect the application of national provisions determining the remuneration of certain services or setting out fixed prices                              for certain supplies.

(93)Where national provisions determine the remuneration of certain services or set out fixed prices for certain supplies, it                              should be clarified that it remains possible to assess value for money on the basis of other factors than solely the price                              or remuneration. Depending on the service or product concerned, such factors could, for instance, include conditions of delivery                              and payment, aspects of after-sale service (e.g. the extent of advisory and replacement services) or environmental or social                              aspects (e.g. whether books were stamped on recycled paper or paper from sustainable timber, the cost imputed to environmental                              externalities or whether the social integration of disadvantaged persons or members of vulnerable groups amongst the persons                              assigned to performing the contract has been furthered). Given the numerous possibilities of evaluating value for money on                              the basis of substantive criteria, recourse to drawing of lots as the sole means of awarding the contract should be avoided.

(94)Wherever the quality of the staff employed is relevant to the level of performance of the contract, 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 can affect the quality of contract performance and, as a result, the economic                              value of the tender. This might be the case, for example, in contracts for intellectual services such as consultancy or architectural                              services. Contracting authorities which make use of this possibility should ensure, by appropriate contractual means, that                              the staff assigned to contract performance effectively fulfil the specified quality standards and that such staff can only                              be replaced with the consent of the contracting authority which verifies that the replacement staff affords an equivalent                              level of quality.

(95)It is of utmost importance to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020                              strategy for smart, sustainable and inclusive growth. In this context, it should be recalled that public procurement is crucial                              to driving innovation, which is of great importance for future growth in Europe. In view of the important differences between                              individual sectors and markets, it would however not be appropriate to set general mandatory requirements for environmental,                              social and innovation procurement.The Union legislature has already set mandatory procurement requirements for obtaining specific goals in the sectors of road                              transport vehicles (Directive 2009/33/EC of the European Parliament and the Council(16)) and office equipment (Regulation (EC) No 106/2008 of the European Parliament and the Council(17)). 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.

(96)Those sector-specific measures should be complemented by an adaptation of Directives 2004/17/EC and 2004/18/EC empowering                              contracting authorities to pursue the objectives of the Europe 2020 strategy for smart, sustainable and inclusive growth in                              their purchasing strategies. It should hence be made clear that, except where it is assessed on the basis of price only, contracting                              authorities can determine the most economically advantageous tender and the lowest cost using a life-cycle costing approach.                              The notion of life-cycle costing includes all costs over the life cycle of works, supplies or services.This means internal costs, such as research to be carried out, development, production, transport, use, maintenance and end-of-life                              disposal costs but can also include costs imputed to environmental externalities, such as pollution caused by extraction of                              the raw materials used in the product or caused by the product itself or its manufacturing, provided they can be monetised                              and monitored. The methods which contracting authorities use for assessing costs imputed to environmental externalities should                              be established in advance in an objective and non-discriminatory manner and be accessible to all interested parties. Such                              methods can be established at national, regional or local level, but they should, to avoid distortions of competition through                              tailor-made methodologies, remain general in the sense that they should not be set up specifically for a particular public                              procurement procedure.Common methodologies should be developed at Union level for the calculation of life-cycle costs for specific categories of                              supplies or services. Where such common methodologies are developed, their use should be made compulsory.Furthermore, the feasibility of establishing a common methodology on social life cycle costing should be examined, taking                              into account existing methodologies such as the Guidelines for Social Life Cycle Assessment of Products adopted within the                              framework of the United Nations Environment Programme.

(97)Furthermore, with a view to the better integration of social and environmental considerations in the procurement procedures,                              contracting authorities should be allowed to use award criteria or contract performance conditions relating to the works,                              supplies or services to be provided under the public contract in any respect and at any stage of their life cycles from extraction                              of raw materials for the product to the stage of disposal of the product, including factors involved in the specific process                              of production, provision or trading and its conditions of those works, supplies or services or a specific process during a                              later stage of their life cycle, even where such factors do not form part of their material substance. Criteria and conditions                              referring to such a production or provision process are for example that the manufacturing of the purchased products did not                              involve toxic chemicals, or that the purchased services are provided using energy-efficient machines. In accordance with the                              case-law of the Court of Justice of the European Union, this also includes award criteria or contract performance conditions                              relating to the supply or utilisation of fair trade products in the course of the performance of the contract to be awarded.                              Criteria and conditions relating to trading and its conditions can for instance refer to the fact that the product concerned                              is of fair trade origin, including the requirement to pay a minimum price and price premium to producers. Contract performance                              conditions pertaining to environmental considerations might include, for example, the delivery, package and disposal of products,                              and in respect of works and services contracts, waste minimisation or resource efficiency.However, the condition of a link with the subject-matter of the contract excludes criteria and conditions relating to general                              corporate policy, which cannot be considered as a factor characterising the specific process of production or provision of                              the purchased works, supplies or services. Contracting authorities should hence not be allowed to require tenderers to have                              a certain corporate social or environmental responsibility policy in place.

(98)It is essential that award criteria or contract performance conditions concerning social aspects of the production process                              relate to the works, supplies or services to be provided under the contract. In addition, they should be applied in accordance                              with Directive 96/71/EC, as interpreted by the Court of Justice of the European Union and should not be chosen or applied                              in a way that discriminates directly or indirectly against economic operators from other Member States or from third countries                              parties to the GPA or to Free Trade Agreements to which the Union is party. Thus, requirements concerning the basic working                              conditions regulated in Directive 96/71/EC, such as minimum rates of pay, should remain at the level set by national legislation                              or by collective agreements applied in accordance with Union law in the context of that Directive.Contract performance conditions might also be intended to favour the implementation of measures for the promotion of equality                              of women and men at work, the increased participation of women in the labour market and the reconciliation of work and private                              life, the protection of the environment or animal welfare and, to comply in substance with fundamental International Labour                              Organisation (ILO) Conventions, and to recruit more disadvantaged persons than are required under national legislation.

(99)Measures aiming at the protection of health of the staff involved in the production process, the favouring of social integration                              of disadvantaged persons or members of vulnerable groups amongst the persons assigned to performing the contract or training                              in the skills needed for the contract in question can also be the subject of award criteria or contract performance conditions                              provided that they relate to the works, supplies or services to be provided under the contract. For instance, such criteria                              or conditions might refer, amongst other things, to the employment of long-term job-seekers, the implementation of training                              measures for the unemployed or young persons in the course of the performance of the contract to be awarded. In technical                              specifications contracting authorities can provide such social requirements which directly characterise the product or service                              in question, such as accessibility for persons with disabilities or design for all users.

(100)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, terrorist offences, money laundering                              or terrorist financing. The non-payment of taxes or social security contributions should also lead to mandatory exclusion                              at the level of the Union. Member States should, however, be able to provide for a derogation from those mandatory exclusions                              in exceptional situations where overriding requirements in the general interest make a contract award indispensable. This                              might, for example, be the case where urgently needed vaccines or emergency equipment can only be purchased from an economic                              operator to whom one of the mandatory grounds for exclusion otherwise applies.

(101)Contracting authorities should further be given the possibility to exclude economic operators which have proven unreliable,                              for instance because of 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.                              It should be clarified that grave professional misconduct can render an economic operator’s integrity questionable and thus                              render the economic operator unsuitable to receive the award of a public contract irrespective of whether the economic operator                              would otherwise have the technical and economical capacity to perform the contract.Bearing in mind that the contracting authority will be responsible for the consequences of its possible erroneous decision,                              contracting authorities should also remain free to consider that there has been grave professional misconduct, where, before                              a final and binding decision on the presence of mandatory exclusion grounds has been rendered, they can demonstrate by any                              appropriate means that the economic operator has violated its obligations, including obligations relating to the payment of                              taxes or social security contributions, unless otherwise provided by national law. They should also be able to exclude candidates                              or tenderers whose performance in earlier public contracts has shown major deficiencies with regard to substantive requirements,                              for instance failure to deliver or perform, significant shortcomings of the product or service delivered, making it unusable                              for the intended purpose, or misbehaviour that casts serious doubts as to the reliability of the economic operator. National                              law should provide for a maximum duration for such exclusions.In applying facultative grounds for exclusion, contracting authorities should pay particular attention to the principle of                              proportionality. Minor irregularities should only in exceptional circumstances lead to the exclusion of an economic operator.                              However repeated cases of minor irregularities can give rise to doubts about the reliability of an economic operator which                              might justify its exclusion.

(102)Allowance should, however, be made for the possibility that economic operators can adopt compliance measures aimed at remedying                              the consequences of any criminal offences or misconduct and at effectively preventing further occurrences of the misbehaviour.                              Those measures might consist in particular of personnel and organisational measures such as the severance of all links with                              persons or organisations involved in the misbehaviour, appropriate staff reorganisation measures, the implementation of reporting                              and control systems, the creation of an internal audit structure to monitor compliance and the adoption of internal liability                              and compensation rules. Where such measures offer sufficient guarantees, the economic operator in question should no longer                              be excluded on those grounds alone. Economic operators should have the possibility to request that compliance measures taken                              with a view to possible admission to the procurement procedure be examined. However, it should be left to Member States to                              determine the exact procedural and substantive conditions applicable in such cases. They should, in particular, be free to                              decide whether to allow the individual contracting authorities to carry out the relevant assessments or to entrust other authorities                              on a central or decentralised level with that task.

(103)Tenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically                              or legally unsound assumptions or practices. Where the tenderer cannot provide a sufficient explanation, the contracting authority                              should be entitled to reject the tender. Rejection should be mandatory in cases where the contracting authority has established                              that the abnormally low price or costs proposed results from non-compliance with mandatory Union law or national law compatible                              with it in the fields of social, labour or environmental law or international labour law provisions.

(104)Contract performance conditions are for laying down specific requirements relating to the performance of the contract. Unlike                              contract award criteria which are the basis for a comparative assessment of the quality of tenders, contract performance conditions                              constitute fixed objective requirements that have no impact on the assessment of tenders. Contract performance conditions                              should be compatible with this Directive provided that they are not directly or indirectly discriminatory and are linked to                              the subject-matter of the contract, which comprises all factors involved in the specific process of production, provision                              or commercialisation. This includes conditions concerning the process of performance of the contract, but excludes requirements                              referring to a general corporate policy.The contract performance conditions should be indicated in the contract notice, the prior information notice used as a means                              of calling for competition or the procurement documents.

(105)It is important that observance by subcontractors of applicable obligations in the fields of environmental, social and labour                              law, established by Union law, national law, collective agreements or by the international environmental, social and labour                              law provisions listed in this Directive, provided that such rules, and their application, comply with Union law, be ensured                              through appropriate actions by the competent national authorities within the scope of their responsibilities and remit, such                              as labour inspection agencies or environmental protection agencies.It is also necessary to ensure some transparency in the subcontracting chain, as this gives contracting authorities information                              on who is present at building sites on which works are being performed for them, or on which undertakings are providing services                              in or at buildings, infrastructures or areas, such as town halls, municipal schools, sports facilities, ports or motorways,                              for which the contracting authorities are responsible or over which they have a direct oversight. It should be clarified that                              the obligation to deliver the required information is in any case incumbent upon the main contractor, either on the basis                              of specific clauses, that each contracting authority would have to include in all procurement procedures, or on the basis                              of obligations which Member States would impose on main contractors by means of generally applicable provisions.It should also be clarified that the conditions relating to the enforcement of observance of applicable obligations in the                              fields of environmental, social and labour law, established by Union law, national law, collective agreements or by the international                              environmental, social and labour law provisions listed in this Directive, provided that such rules, and their application,                              comply with Union law, should be applied whenever the national law of a Member State provides for a mechanism of joint liability                              between subcontractors and the main contractor. Furthermore, it should be stated explicitly that Member States should be able                              to go further, for instance by extending the transparency obligations, by enabling direct payment to subcontractors or by                              enabling or requiring contracting authorities to verify that subcontractors are not in any of the situations in which exclusion                              of economic operators would be warranted. Where such measures are applied to subcontractors, coherence with the provisions                              applicable to main contractors should be ensured so that the existence of compulsory exclusion grounds would be followed by                              a requirement that the main contractor replace the subcontractor concerned. Where such verification shows the presence of                              non-compulsory grounds for exclusion, it should be clarified that contracting authorities are able to require the replacement.                              It should, however, also be set out explicitly that contracting authorities may be obliged to require the replacement of the                              subcontractor concerned where exclusion of main contractors would be obligatory in such cases.It should also be set out explicitly that Member States remain free to provide for more stringent liability rules under national                              law or to go further under national law on direct payments to subcontractors.

(106)It should be recalled that Council Regulation (EEC, Euratom) No 1182/71(18) applies to the calculation of the time limits contained in this Directive.

(107)It is necessary to clarify the conditions under which modifications to a contract during its performance require a new procurement                              procedure, taking into account the relevant case-law of the Court of Justice of the European Union. A new procurement procedure                              is required in case of material changes to the initial contract, in particular to the scope and content of the mutual rights                              and obligations of the parties, including the distribution of intellectual property rights. Such changes demonstrate the parties’                              intention to renegotiate essential terms or conditions of that contract. This is the case in particular if the amended conditions                              would have had an influence on the outcome of the procedure, had they been part of the initial procedure.Modifications to the contract resulting in a minor change of the contract value up to a certain value should always be possible                              without the need to carry out a new procurement procedure. To this effect and in order to ensure legal certainty, this Directive                              should provide for *de minimis* thresholds, below which a new procurement procedure is not necessary. Modifications to the contract above those thresholds                              should be possible without the need to carry out a new procurement procedure to the extent they comply with the relevant conditions                              laid down in this Directive.

(108)Contracting authorities may be faced with situations where additional works, supplies or services become necessary; in such                              cases a modification of the initial contract without a new procurement procedure may be justified, in particular where the                              additional deliveries are intended either as a partial replacements or as the extension of existing services, supplies or                              installations where a change of supplier would oblige the contracting authority to acquire material, works or services having                              different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation                              and maintenance.

(109)Contracting authorities can be faced with external circumstances that they could not foresee when they awarded the contract,                              in particular when the performance of the contract covers a long period. In this case, a certain degree of flexibility is                              needed to adapt the contract to those circumstances without a new procurement procedure. The notion of unforeseeable circumstances                              refers to circumstances that could not have been predicted despite reasonably diligent preparation of the initial award by                              the contracting authority, taking into account its available means, the nature and characteristics of the specific project,                              good practice in the field in question and the need to ensure an appropriate relationship between the resources spent in preparing                              the award and its foreseeable value. However, this cannot apply in cases where a modification results in an alteration of                              the nature of the overall procurement, for instance by replacing the works, supplies or services to be procured by something                              different or by fundamentally changing the type of procurement since, in such a situation, a hypothetical influence on the                              outcome may be assumed.

(110)In line with the principles of equal treatment and transparency, the successful tenderer should not, for instance where a                              contract is terminated because of deficiencies in the performance, be replaced by another economic operator without reopening                              the contract to competition. However, the successful tenderer performing the contract should be able, in particular where                              the contract has been awarded to more than one undertaking, to undergo certain structural changes during the performance of                              the contract, such as purely internal reorganisations, takeovers, mergers and acquisitions or insolvency. Such structural                              changes should not automatically require new procurement procedures for all public contracts performed by that tenderer.

(111)Contracting authorities should, in the individual contracts themselves, have the possibility to provide for modifications                              to a contract by way of review or option clauses, but such clauses should not give them unlimited discretion. This Directive                              should therefore set out to what extent modifications may be provided for in the initial contract. It should consequently                              be clarified that sufficiently clearly drafted review or option clauses may for instance provide for price indexations or                              ensure that, for example, communications equipment to be delivered over a given period continues to be suitable, also in the                              case of changing communications protocols or other technological changes. It should also be possible under sufficiently clear                              clauses to provide for adaptations of the contract which are rendered necessary by technical difficulties which have appeared                              during operation or maintenance. It should also be recalled that contracts could, for instance, include both ordinary maintenance                              as well as provide for extraordinary maintenance interventions that might become necessary in order to ensure continuation                              of a public service.

(112)Contracting authorities are sometimes faced with circumstances that require the early termination of public contracts in order                              to comply with obligations under Union law in the field of public procurement. Member States should therefore ensure that                              contracting authorities have the possibility, under the conditions determined by national law, to terminate a public contract                              during its term if so required by Union law.

(113)The results of the Commission staff working paper of 27 June 2011 entitled ‘Evaluation Report: Impact and Effectiveness of                              EU Public Procurement Legislation’ suggested that the exclusion of certain services from the full application of Directive                              2004/18/EC should be reviewed. As a result, the full application of this Directive should be extended to a number of services.

(114)Certain categories of services continue by their very nature to have a limited cross-border dimension, namely such services                              that are known as services to the person, such as certain social, health and educational services. Those 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 those services, with a higher threshold than that which applies to                              other services.Services to the person with values below that 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 cross-border projects.Contracts for services to the person above that 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 the 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, published by the Social Protection Committee. When determining                              the procedures to be used for the award of contracts for services to the person, Member States should take Article 14 TFEU                              and Protocol No 26 into account. In so doing, Member States should also pursue the objectives of simplification and of alleviating                              the administrative burden for contracting authorities and economic operators; it should be clarified that so doing might also                              entail relying on rules applicable to service contracts not subject to the specific regime.Member States and public authorities remain free to provide those 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 that such a system ensures sufficient advertising and complies with the                              principles of transparency and non-discrimination.

(115)Likewise, hotel and restaurant services are typically offered only by operators located in the specific place of delivery                              of those services and therefore also have a limited cross-border dimension. They should therefore only be covered by the light                              regime, as from a threshold of EUR 750 000. Large hotel and restaurant service contracts above that threshold can be of interest                              for various economic operators, such as travel agencies and other intermediaries, also on a cross-border basis.

(116)Similarly, certain legal services concern exclusively issues of purely national law and are therefore typically offered only                              by operators located in the Member State concerned and consequently also have a limited cross-border dimension. They should                              therefore only be covered by the light regime, as from a threshold of EUR 750 000. Large legal service contracts above that                              threshold can be of interest for various economic operators, such as international law firms, also on a cross-border basis,                              in particular where they involve legal issues arising from or having as its background Union or other international law or                              involving more than one country.

(117)Experience has shown that a series of other services, such as rescue services, firefighting services and prison services are                              normally only of cross-border interest as of such time as they acquire sufficient critical mass through their relatively high                              value. In so far as they are not excluded from the scope of this Directive, they should be included under light regime. To                              the extent that their provision is actually based on contracts, other categories of services, such as government services                              or the provision of services to the community, they would normally only be likely to present a cross-border interest as from                              a threshold of EUR 750 000 and should consequently only then be subject to the light regime.

(118)In order to ensure the continuity of public services, this Directive should allow that participation in procurement procedures                              for certain services in the fields of health, social and cultural services could be reserved for organisations which are based                              on employee ownership or active employee participation in their governance, and for existing organisations such as cooperatives                              to participate in delivering these services to end users. This provision is limited in scope exclusively to certain health,                              social and related services, certain education and training services, library, archive, museum and other cultural services,                              sporting services, and services for private households, and is not intended to cover any of the exclusions otherwise provided                              for by this Directive. Those services should only be covered by the light regime.

(119)It is appropriate to identify those services by reference to specific positions of the Common Procurement Vocabulary (CPV)                              as adopted by Regulation (EC) No 2195/2002 of the European Parliament and of the Council(19), which is a hierarchically structured nomenclature, divided into divisions, groups, classes, categories and subcategories.                              In order to avoid legal uncertainty, it should be clarified that reference to a division does not implicitly entail a reference                              to subordinate subdivisions. Such comprehensive coverage should instead be set out explicitly by mentioning all the relevant                              positions, where appropriate as a range of codes.

(120)Design contests have traditionally mostly been used in the fields of town and country planning, architecture and engineering                              or data processing, It should, however, be recalled that these flexible instruments could be used also for other purposes,                              such as to obtain plans for financial engineering that would optimise SME support in the context of the Joint European Resources                              for Micro to Medium Enterprises (JEREMIE) or other Union SME support programmes in a given Member State. The design contest                              used to acquire the plans for such financial engineering could also stipulate that the subsequent service contracts for the                              realisation of this financial engineering would be awarded to the winner or one of the winners of the design contest by a                              negotiated procedure without publication.

(121)The evaluation has shown that there is still considerable room for improvement in the application of the Union public procurement                              rules. With a view to a more efficient and consistent application of the rules, it is essential to get a good overview on                              possible structural problems and general patterns in national procurement policies, in order to address possible problems                              in a more targeted way. That overview should be gained through appropriate monitoring, the results of which should be regularly                              published, in order to allow an informed debate on possible improvements of procurement rules and practice. Acquiring such                              a good overview could also allow insights on the application of public procurement rules in the context of the implementation                              of projects co-financed by the Union. Member States should remain free to decide how and by whom this monitoring should be                              carried out in practice; in so doing, they should also remain free to decide whether the monitoring should be based on a sample-based                              ex-post control or on a systematic, ex-ante control of public procurement procedures covered by this Directive. It should                              be possible to bring potential problems to the attention of the proper bodies; this should not necessarily require that those                              having performed the monitoring have standing before courts and tribunals.Better guidance, information and support to contracting authorities and economic operators could also greatly contribute to                              enhancing the efficiency of public procurement, through better knowledge, increased legal certainty and professionalisation                              of procurement practices. Such guidance should be made available to contracting authorities and economic operators wherever                              it appears necessary to improve correct application of the rules. The guidance to be provided could cover all matters relevant                              to public procurement, such as acquisition planning, procedures, choice of techniques and instruments and good practices in                              the conduct of the procedures. With regard to legal questions, guidance should not necessarily amount to a complete legal                              analysis of the issues concerned; it could be limited to a general indication of the elements that should be taken into consideration                              for the subsequent detailed analysis of the questions, for instance by pointing to case-law that could be relevant or to guidance                              notes or other sources having examined the specific question concerned.

(122)Directive 89/665/EEC provides for certain review procedures to be available at least to any person having or having had an                              interest in obtaining a particular contract and who has been or risks being harmed by an alleged infringement of Union law                              in the field of public procurement or national rules transposing that law. Those review procedures should not be affected                              by this Directive. However, citizens, concerned stakeholders, organised or not, and other persons or bodies which do not have                              access to review procedures pursuant to Directive 89/665/EEC do nevertheless have a legitimate interest, as taxpayers, in                              sound procurement procedures. They should therefore be given a possibility, otherwise than through the review system pursuant                              to Directive 89/665/EEC and without it necessarily involving them being given standing before courts and tribunals, to indicate                              possible violations of this Directive to a competent authority or structure. So as not to duplicate existing authorities or                              structures, Member States should be able to provide for recourse to general monitoring authorities or structures, sectoral                              oversight bodies, municipal oversight authorities, competition authorities, the ombudsman or national auditing authorities.

(123)In order to fully exploit the potential of public procurement to achieve the objectives of the Europe 2020 strategy for smart,                              sustainable and inclusive growth, environmental, social and innovation procurement will also have to play its part. It is                              therefore important to obtain an overview of the developments in the field of strategic procurement so as to take an informed                              view on the general trends at the overall level in that area. Any already prepared, appropriate reports can of course be used                              in this context also.

(124)Given the potential of SMEs for job creation, growth and innovation it is important to encourage their participation in public                              procurement, both through appropriate provisions in this Directive as well as through initiatives at the national level. The                              new provisions provided for in this Directive should contribute towards an improvement of the level of success, by which is                              understood the share of SMEs in the total value of contracts awarded. It is not appropriate to impose obligatory shares of                              success, however, the national initiatives to enhance SME participation should be closely monitored given its importance.

(125)A series of procedures and working methods have already been established in respect of the Commission’s communications and                              contacts with Member States, such as communications and contacts relating to the procedures provided for under Articles 258                              and 260 TFEU, the Internal Market Problem Solving Network (SOLVIT) and EU Pilot, which are not modified by this Directive.                              They should, however, be complemented by the designation of one single point of reference in each Member State for the cooperation                              with the Commission, which would function as sole entry point for matters concerning public procurement in the Member State                              concerned. This function may be performed by persons or structures which are already regularly in contact with the Commission                              on issues relating to public procurement, such as national contact points, members of the Advisory Committee on Public Procurement,                              Members of the Procurement Network or national coordinating instances.

(126)The traceability and transparency of decision-making in procurement procedures is essential for ensuring sound procedures,                              including efficiently fighting corruption and fraud. Contracting authorities should therefore keep copies of concluded high-value                              contracts, in order to be able to provide access to those documents to interested parties in accordance with applicable rules                              on access to documents. Furthermore, the essential elements and decisions of individual procurement procedures should be documented                              in a procurement report. To avoid administrative burdens wherever possible, it should be permitted for the procurement report                              to refer to information already contained in the relevant contract award notice. The electronic systems for publication of                              those notices, managed by the Commission, should also be improved with a view to facilitating the entry of data while making                              it easier to extract global reports and exchange data between systems.

(127)In the interests of administrative simplification and in order to lessen the burden on Member States, the Commission should                              periodically examine whether the quality and completeness of the information contained in the notices which are published                              in connection with public procurement procedures is sufficient to allow the Commission to extract the statistical information                              that would otherwise have to be transmitted by the Member States.

(128)Effective administrative cooperation is necessary for the exchange of information needed for conducting award procedures in                              cross-border situations, in particular with regard to the verification of the grounds for exclusion and the selection criteria,                              the application of quality and environmental standards and of lists of approved economic operators. The exchange of information                              is subject to national laws on confidentiality. Hence, this Directive does not entail any obligation for Member States to                              exchange information that goes beyond what national contracting authorities can access. The Internal Market Information System                              (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council(20) could provide a useful electronic means to facilitate and enhance administrative cooperation managing the exchange of information                              on the basis of simple and unified procedures overcoming language barriers. A pilot project should consequently be launched                              as soon as possible to test the suitability of an expansion of IMI to cover the exchange of information under this Directive.

(129)In order to adapt to rapid technical, economic and regulatory developments, the power to adopt acts in accordance with Article                              290 TFEU should be delegated to the Commission in respect of a number of non-essential elements of this Directive. Due to                              the need to comply with international agreements, the Commission should be empowered to modify the technical procedures for                              the calculation methods concerning thresholds as well as to periodically revise the thresholds themselves and to adapt Annex                              X; the lists of central government authorities are subject to variations due to administrative changes at national level.                              These are notified to the Commission, which should be empowered to adapt Annex I; references to the CPV nomenclature may undergo                              regulatory changes at Union level and it is necessary to reflect those changes into the text of this Directive; the technical                              details and characteristics of the devices for electronic receipt should be kept up to date with technological developments;                              it is also necessary to empower the Commission to make mandatory technical standards for electronic communication to ensure                              the interoperability of technical formats, processes and messaging in procurement procedures conducted using electronic means                              of communication taking into account technological developments; the list of legal acts of the Union establishing common methodologies                              for the calculation of life-cycle costs should be quickly adapted to incorporate the measures adopted on a sectoral basis.                              In order to satisfy those needs, the Commission should be empowered to keep the list of legal acts including life-cycle costing                              methodologies up-to date. It is of particular importance that the Commission carry out appropriate consultations during its                              preparatory work, including at expert level. When preparing and drawing up delegated acts, the Commission should ensure a                              simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(130)In the application of this Directive the Commission should consult appropriate groups of experts in the field of e-procurement,                              ensuring a balanced composition of the main stakeholder groups.

(131)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 and a standard form for self-declarations, implementing powers should be conferred on the Commission.                              Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(21).

(132)The advisory procedure should be used for the adoption of the implementing acts concerning standard forms for the publication                              of notices, which do not have any impact either from the financial point of view or on the nature and scope of obligations                              stemming from this Directive. On the contrary, those acts are characterised by a mere administrative purpose and serve to                              facilitate the application of the rules set out in this Directive.

(133)The examination procedure should be used for the adoption of the standard form for self-declarations, due to the impact of                              those self-declarations on procurement and because they play a central role in the simplification of the documentation requirements                              in the procurement procedures.

(134)The Commission should review the effects on the internal market resulting from the application of the thresholds and report                              thereon to the European Parliament and the Council. In so doing, it should take into account factors such as the level of                              cross-border procurement, SME participation, transaction costs and the cost-benefit trade-off.In accordance with Article XXII(7) thereof, the GPA shall be the subject of further negotiations three years after its entry                              into force and periodically thereafter. In that context, the appropriateness of the level of thresholds should be examined,                              bearing in mind the impact of inflation in view of a long period without changes of the thresholds in the GPA; in the event                              that the level of thresholds should change as a consequence, the Commission should, where appropriate, adopt a proposal for                              a legal act amending the thresholds set out in this Directive.

(135)Having regard to current discussions on horizontal provisions governing relations with third countries in the context of public                              procurement the Commission should closely monitor global trade conditions and assess the Union’s competitive position.

(136)Since the objective of this Directive, namely the coordination of laws, regulations and administrative provisions of the Member                              States applying to certain public procurement procedures, cannot be sufficiently achieved by the Member States but can rather,                              by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the                              principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality,                              as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

(137)Directive 2004/18/EC should be repealed.

(138)In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September                              2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with                              one or more documents explaining the relationship between the components of a directive and the corresponding parts of national                              transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be                              justified,

HAVE ADOPTED THIS DIRECTIVE:

## TITLE IU.K.**SCOPE, DEFINITIONS AND GENERAL PRINCIPLES**

### *CHAPTER I*U.K.***Scope and definitions***

#### *Section 1*U.K.***Subject-matter and definitions***

##### Article 1U.K.Subject-matter and scope

1.This Directive establishes rules on the procedures for procurement by contracting authorities with respect to public contracts                        as well as design contests, whose value is estimated to be not less than the thresholds laid down in Article 4.                  

2.Procurement within the meaning of this Directive is the acquisition by means of a public contract 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.                  

3.The application of this Directive is subject to Article 346 TFEU.                  

4.This Directive does not affect the freedom of Member States to define, in conformity with Union law, what they consider to                        be services of general economic interest, how those services should be organised and financed, in compliance with the State                        aid rules, and what specific obligations they should be subject to. Equally, this Directive does not affect the decision of                        public authorities whether, how and to what extent they wish to perform public functions themselves pursuant to Article 14                        TFEU and Protocol No 26.                  

5.This Directive does not affect the way in which the Member States organise their social security systems.                  

6.Agreements, decisions or other legal instruments that organise the transfer of powers and responsibilities for the performance                        of public tasks between contracting authorities or groupings of contracting authorities and do not provide for remuneration                        to be given for contractual performance, are considered to be a matter of internal organisation of the Member State concerned                        and, as such, are not affected in any way by this Directive.                  

##### Article 2U.K.Definitions

1.For the purposes of this Directive, the following definitions apply:                  

‘contracting authorities’ means the State, regional or local authorities, bodies governed by public law or associations formed                              by one or more such authorities or one or more such bodies governed by public law;                           

‘central government authorities’ means the contracting authorities listed in Annex I and, in so far as corrections or amendments                              have been made at national level, their successor entities;                           

‘sub-central contracting authorities’ means all contracting authorities which are not central government authorities;

‘bodies governed by public law’ means bodies that have all of the following characteristics:

they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial                                       character;                                    

they have legal personality; and

they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law;                                       or are subject to management supervision by those authorities or bodies; or have an administrative, managerial or supervisory                                       board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed                                       by public law;                                    

‘public contracts’ means contracts for pecuniary interest concluded in writing between one or more economic operators and                              one or more contracting authorities and having as their object the execution of works, the supply of products or the provision                              of services;                           

‘public works contracts’ means public contracts having as their object one of the following:

the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex II;

the execution, or both the design and execution, of a work;

the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority exercising                                       a decisive influence on the type or design of the work;                                    

‘a work’ means the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil                              an economic or technical function;                           

‘public supply contracts’ means public contracts having as their object the purchase, lease, rental or hire-purchase, with                              or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation                              operations;                           

‘public service contracts’ means public contracts having as their object the provision of services other than those referred                              to in point 6;                           

‘economic operator’ means any natural or legal person or public entity or group of such persons and/or entities, including                              any temporary association of undertakings, which offers the execution of works and/or a work, the supply of products or the                              provision of services on the market;                           

‘tenderer’ means an economic operator that has submitted a tender;

‘candidate’ means an economic operator that has sought an invitation or has been invited to take part in a restricted procedure,                              in a competitive procedure with negotiation, in a negotiated procedure without prior publication, in a competitive dialogue                              or in an innovation partnership;                           

‘procurement document’ means any document produced or referred to by the contracting authority to describe or determine elements                              of the procurement or the procedure, including the contract notice, the prior information notice where it is used as a means                              of calling for competition, the technical specifications, the descriptive document, proposed conditions of contract, formats                              for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional                              documents;                           

‘centralised purchasing activities’ means activities conducted on a permanent basis, in one of the following forms:

the acquisition of supplies and/or services intended for contracting authorities,

the award of public contracts or the conclusion of framework agreements for works, supplies or services intended for contracting                                       authorities;                                    

‘ancillary purchasing activities’ means activities consisting in the provision of support to purchasing activities, in particular                              in the following forms:                           

technical infrastructure enabling contracting authorities to award public contracts or to conclude framework agreements for                                       works, supplies or services;                                    

advice on the conduct or design of public procurement procedures;

preparation and management of procurement procedures on behalf and for the account of the contracting authority concerned;

‘central purchasing body’ means a contracting authority providing centralised purchasing activities and, possibly, ancillary                              purchasing activities;                           

‘procurement service provider’ means a public or private body which offers ancillary purchasing activities on the market;

‘written’ or ‘in writing’ means any expression consisting of words or figures which can be read, reproduced and subsequently                              communicated, including information transmitted and stored by electronic means;                           

‘electronic means’ means electronic equipment for the processing (including digital compression) and storage of data which                              is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means;                           

‘life cycle’ means all consecutive and/or interlinked stages, including research and development to be carried out, production,                              trading and its conditions, transport, use and maintenance, throughout the existence of the product or the works or the provision                              of the service, from raw material acquisition or generation of resources to disposal, clearance and end of service or utilisation;                           

‘design contests’ means those procedures which enable the contracting authority to acquire, mainly in the fields of town and                              country planning, architecture and engineering or data processing, a plan or design selected by a jury after being put out                              to competition with or without the award of prizes;                           

‘innovation’ means the implementation of a new or significantly improved product, service or process, including but not limited                              to production, building or construction processes, a new marketing method, or a new organisational method in business practices,                              workplace organisation or external relations inter alia with the purpose of helping to solve societal challenges or to support                              the Europe 2020 strategy for smart, sustainable and inclusive growth;                           

‘label’ means any document, certificate or attestation confirming that the works, products, services, processes or procedures                              in question meet certain requirements;                           

‘label requirements’ means the requirements to be met by the works, products, services, processes or procedures in question                              in order to obtain the label concerned.                           

2.For the purpose of this Article ‘regional authorities’ includes authorities listed non-exhaustively in NUTS 1 and 2, as referred                        to in Regulation (EC) No 1059/2003 of the European Parliament and of the Council(22), while ‘local authorities’ includes all authorities of the administrative units falling under NUTS 3 and smaller administrative                        units, as referred to in Regulation (EC) No 1059/2003.                  

##### Article 3U.K.Mixed procurement

1.Paragraph 2 shall apply to mixed contracts which have as their subject-matter different types of procurement all of which                        are covered by this Directive.                  

Paragraphs 3 to 5 shall apply to mixed contracts which have as their subject-matter procurement covered by this Directive                     and procurement covered by other legal regimes.                  

2.Contracts which have as their subject two or more types of procurement (works, services or supplies) shall be awarded in accordance                        with the provisions applicable to the type of procurement that characterises the main subject of the contract in question.                  

In the case of mixed contracts consisting partly of services within the meaning of Chapter I of Title III and partly of other                     services or of mixed contracts consisting partly of services and partly of supplies, the main subject shall be determined                     in accordance with which of the estimated values of the respective services or supplies is the highest.                  

3.Where the different parts of a given contract are objectively separable, paragraph 4 shall apply. Where the different parts                        of a given contract are objectively not separable, paragraph 6 shall apply.                  

Where part of a given contract is covered by Article 346 TFEU or Directive 2009/81/EC, Article 16 of this Directive shall                     apply.                  

4.In the case of contracts which have as their subject-matter procurement covered by this Directive as well as procurement not                        covered by this Directive, contracting authorities may choose to award separate contracts for the separate parts or to award                        a single contract. Where contracting authorities choose to award separate contracts for separate parts, the decision as to                        which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the                        separate part concerned.                  

Where contracting authorities choose to award a single contract, this Directive shall, unless otherwise provided in Article                     16, apply to the ensuing mixed contract, irrespective of the value of the parts that would otherwise fall under a different                     legal regime and irrespective of which legal regime those parts would otherwise have been subject to.                  

In the case of mixed contracts containing elements of supply, works and service contracts and of concessions, the mixed contract                     shall be awarded in accordance with this Directive, provided that the estimated value of the part of the contract which constitutes                     a contract covered by this Directive, calculated in accordance with Article 5, is equal to or greater than the relevant threshold                     set out in Article 4.                  

5.In the case of contracts which have as their subject both procurement covered by this Directive and procurement for the pursuit                        of an activity which is subject to Directive 2014/25/EU, the applicable rules shall, notwithstanding paragraph 4 of this Article,                        be determined pursuant to Articles 5 and 6 of Directive 2014/25/EU.                  

6.Where the different parts of a given contract are objectively not separable, the applicable legal regime shall be determined                        on the basis of the main subject-matter of that contract.                  

#### *Section 2*U.K.***Thresholds***

##### Article 4U.K.Threshold amounts

This Directive shall apply to procurements with a value net of value-added tax (VAT) estimated to be equal to or greater than                     the following thresholds:                  

EUR 5 186 000 for public works contracts;

EUR 134 000 for public supply and service contracts awarded by central government authorities and design contests organised                              by such authorities; where public supply contracts are awarded by contracting authorities operating in the field of defence,                              that threshold shall apply only to contracts concerning products covered by Annex III;                           

EUR 207 000 for public supply and service contracts awarded by sub-central contracting authorities and design contests organised                              by such authorities; that threshold shall also apply to public supply contracts awarded by central government authorities                              that operate in the field of defence, where those contracts involve products not covered by Annex III;                           

EUR 750 000 for public service contracts for social and other specific services listed in Annex XIV.

##### Article 5U.K.Methods for calculating the estimated value of procurement

1.The calculation of the estimated value of a procurement shall be based on the total amount payable, net of VAT, as estimated                        by the contracting authority, including any form of option and any renewals of the contracts as explicitly set out in the                        procurement documents.                  

Where the contracting authority provides for prizes or payments to candidates or tenderers it shall take them into account                     when calculating the estimated value of the procurement.                  

2.Where a contracting authority is comprised of separate operational units, account shall be taken of the total estimated value                        for all the individual operational units.                  

Notwithstanding the first subparagraph, where a separate operational unit is independently responsible for its procurement                     or certain categories thereof, the values may be estimated at the level of the unit in question.                  

3.The choice of the method used to calculate the estimated value of a procurement shall not be made with the intention of excluding                        it from the scope of this Directive. A procurement shall not be subdivided with the effect of preventing it from falling within                        the scope of this Directive, unless justified by objective reasons.                  

4.That estimated value shall be valid at the moment at which the call for competition is sent, or, in cases where a call for                        competition is not foreseen, at the moment at which the contracting authority commences the procurement procedure, for instance,                        where appropriate, by contacting economic operators in relation to the procurement.                  

5.With regard to framework agreements and dynamic purchasing systems, the value to be taken into consideration shall be the                        maximum estimated value net of VAT of all the contracts envisaged for the total term of the framework agreement or the dynamic                        purchasing system.                  

6.In the case of innovation partnerships, the value to be taken into consideration shall be the maximum estimated value net                        of VAT of the research and development activities to take place during all stages of the envisaged partnership as well as                        of the supplies, services or works to be developed and procured at the end of the envisaged partnership.                  

7.With regard to public works contracts, the calculation of the estimated value shall take account of both the cost of the works                        and the total estimated value of the supplies and services that are made available to the contractor by the contracting authority                        provided that they are necessary for executing the works.                  

8.Where a proposed work or a proposed provision of services may result in contracts being awarded in the form of separate lots,                        account shall be taken of the total estimated value of all such lots.                  

Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 4, this Directive shall apply                     to the awarding of each lot.                  

9.Where a proposal for the acquisition of similar supplies may result in contracts being awarded in the form of separate lots,                        account shall be taken of the total estimated value of all such lots when applying points (b) and (c) of Article 4.                  

Where the aggregate value of the lots is equal to or exceeds the threshold laid down in Article 4, this Directive shall apply                     to the awarding of each lot.                  

10.Notwithstanding paragraphs 8 and 9, contracting authorities may award contracts for individual lots without applying the procedures                        provided for under this Directive, provided that the estimated value net of VAT of the lot concerned is less than EUR 80 000                        for supplies or services or EUR 1 million for works. However, the aggregate value of the lots thus awarded without applying                        this Directive shall not exceed 20 % of the aggregate value of all the lots into which the proposed work, the proposed acquisition                        of similar supplies or the proposed provision of services has been divided.                  

11.In the case of public supply or service contracts which are regular in nature or which are intended to be renewed within a                        given period, the calculation of the estimated contract value shall be based on the following:                  

(a)either the total actual value of the successive contracts of the same type awarded during the preceding 12 months or financial                        year adjusted, where possible, to take account of the changes in quantity or value which would occur in the course of the                        12 months following the initial contract;                  

(b)or the total estimated value of the successive contracts awarded during the 12 months following the first delivery, or during                        the financial year where that is longer than 12 months.                  

12.With regard to public supply contracts relating to the leasing, hire, rental or hire purchase of products, the value to be                        taken as a basis for calculating the estimated contract value shall be as follows:                  

(a)in the case of fixed-term public contracts, where that term is less than or equal to 12 months, the total estimated value                        for the term of the contract or, where the term of the contract is greater than 12 months, the total value including the estimated                        residual value;                  

(b)in the case of public contracts without a fixed term or the term of which cannot be defined, the monthly value multiplied                        by 48.                  

13.With regard to public service contracts, the basis for calculating the estimated contract value shall, where appropriate,                        be the following:                  

(a)insurance services: the premium payable and other forms of remuneration;                  

(b)banking and other financial services: the fees, commissions payable, interest and other forms of remuneration;                  

(c)design contracts: fees, commissions payable and other forms of remuneration.                  

14.With regard to public service contracts which do not indicate a total price, the basis for calculating the estimated contract                        value shall be the following:                  

(a)in the case of fixed-term contracts, where that term is less than or equal to 48 months: the total value for their full term;                  

(b)in the case of contracts without a fixed term or with a term greater than 48 months: the monthly value multiplied by 48.                  

##### Article 6U.K.Revision of the thresholds and of the list of central government authorities

1.Every two years from 30 June 2013, the Commission shall verify that the thresholds set out in points (a), (b) and (c) of Article                        4 correspond to the thresholds established in the World Trade Organisation Agreement on Government Procurement (GPA) and shall,                        where necessary, revise them in accordance with this Article.                  

In accordance with the calculation method set out in the GPA, the Commission shall calculate the value of these thresholds                     on the basis of the average daily value of the euro in terms of the special drawing rights (SDRs), over a period of 24 months                     terminating on 31 August preceding the revision with effect from 1 January. The value of the thresholds thus revised shall,                     where necessary, be rounded down to the nearest thousand euros so as to ensure that the thresholds in force provided for by                     the GPA, expressed in SDRs, are observed.                  

2.When carrying out the revision pursuant to paragraph 1 of this Article, the Commission shall, in addition, revise:                  

(a)the threshold established in point (a) of the first paragraph of Article 13 by aligning it with the revised threshold applying                        to public works contracts;                  

(b)the threshold established in point (b) of the first paragraph of Article 13 by aligning it with the revised threshold applying                        to public service contracts awarded by sub-central contracting authorities.                  

3.Every two years from 1 January 2014, the Commission shall determine the values, in the national currencies of the Member States,                        whose currency is not the euro, of the thresholds referred to in points (a), (b) and (c) of Article 4, revised pursuant to                        paragraph 1 of this Article.                  

At the same time, the Commission shall determine the value, in the national currencies of the Member States, whose currency                     is not the euro, of the threshold referred to in point (d) of Article 4.                  

In accordance with the calculation method set out in the GPA, the determination of such values shall be based on the average                     daily values of those currencies corresponding to the applicable threshold expressed in euros over the 24 months terminating                     on 31 August preceding the revision with effect from 1 January.                  

4.The Commission shall publish the revised thresholds referred to in paragraph 1, their corresponding values in the national                        currencies referred to in the first subparagraph of paragraph 3, and the value determined in accordance with the second subparagraph                        of paragraph 3 in the *Official Journal of the European Union* at the beginning of the month of November following their revision.                  

5.The Commission shall be empowered to adopt delegated acts in accordance with Article 87 to adapt the methodology set out in                        the second subparagraph of paragraph 1 of this Article to any change in the methodology provided in the GPA for the revision                        of the thresholds referred to in points (a), (b) and (c) of Article 4 and for the determination of the corresponding values                        in the national currencies of the Member States, whose currency is not the euro, as referred to in paragraph 3 of this Article.                  

The Commission shall be empowered to adopt delegated acts in accordance with Article 87 to revise the thresholds referred                     to in points (a), (b) and (c) of Article 4 pursuant to paragraph 1 of this Article and to revise the thresholds referred to                     in points (a) and (b) of the first paragraph of Article 13 pursuant to paragraph 2 of this Article.                  

6.Where it is necessary to revise the thresholds referred to in points (a), (b) and (c) of Article 4 and the thresholds referred                        to in points (a) and (b) of the first paragraph of Article 13 and time constraints prevent the use of the procedure set in                        Article 87 and therefore imperative grounds of urgency so require, the procedure provided for in Article 88 shall apply to                        delegated acts adopted pursuant to the second subparagraph of paragraph 5 of this Article.                  

7.The Commission shall be empowered to adopt delegated acts in accordance with Article 87 to amend Annex I, in order to update                        the list of contracting authorities following notifications from Member States, where such amendments prove necessary to correctly                        identify contracting authorities.                  

#### *Section 3*U.K.***Exclusions***

##### Article 7U.K.Contracts in the water, energy, transport and postal services sectors

This Directive shall not apply to public contracts and design contests which, under Directive 2014/25/EU, are awarded or organised                     by contracting authorities exercising one or more of the activities referred to in Articles 8 to 14 of that Directive and                     are awarded for the pursuit of those activities, to public contracts excluded from the scope of that Directive under Articles                     18, 23 and 34 thereof or, when awarded by a contracting authority which provides postal services within the meaning of point                     (b) of Article 13(2) of that Directive, to contracts awarded for the pursuit of the following activities:                  

added value services linked to and provided entirely by electronic means (including the secure transmission of coded documents                              by electronic means, address management services and transmission of registered electronic mail);                           

financial services which are covered by CPV codes 66100000-1 to 66720000-3 and by point (d) of Article 21 of Directive 2014/25/EU                              and including in particular postal money orders and postal giro transfers;                           

philatelic services; or

logistics services (services combining physical delivery and/or warehousing with other non-postal functions).

##### Article 8U.K.Specific exclusions in the field of electronic communications

This Directive shall not apply to public contracts and design contests for the principal purpose of permitting the contracting                     authorities to provide or exploit public communications networks or to provide to the public one or more electronic communications                     services.                  

For the purposes of this Article, ‘public communications network’ and ‘electronic communications service’ shall have the same                     meaning as in Directive 2002/21/EC of the European Parliament and of the Council(23).                  

##### Article 9U.K.Public contracts awarded and design contests organised pursuant to international rules

1.This Directive shall not apply to public contracts and design contests which the contracting authority is obliged to award                        or organise in accordance with procurement procedures different from those laid down in this Directive established by any                        of the following:                  

(a)a legal instrument creating international law obligations, such as an international agreement, concluded in conformity with                        the Treaties, between a Member State and one or more third countries or subdivisions thereof and covering works, supplies                        or services intended for the joint implementation or exploitation of a project by their signatories;                  

(b)an international organisation.                  

The Member States shall communicate all legal instruments referred to in point (a) of the first subparagraph of this paragraph                     to the Commission, which may consult the Advisory Committee on Public Procurement referred to in Article 89.                  

2.This Directive shall not apply to public contracts and design contests which the contracting authority awards or organises                        in accordance with procurement rules provided by an international organisation or international financing institution, where                        the public contracts and design contests concerned are fully financed by that organisation or institution; in the case of                        public contracts and design contests co-financed for the most part by an international organisation or international financing                        institution the parties shall agree on applicable procurement procedures.                  

3.Article 17 shall apply to contracts and design contests involving defence or security aspects which are awarded or organised                        pursuant to international rules. Paragraphs 1 and 2 of this Article shall not apply to those contracts and design contests.                  

##### Article 10U.K.Specific exclusions for service contracts

This Directive shall not apply to public service contracts for:

the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or concerning                              rights thereon;                           

the acquisition, development, production or co-production of programme material intended for audiovisual media services or                              radio media services, that are awarded by audiovisual or radio media service providers, or contracts for broadcasting time                              or programme provision that are awarded to audiovisual or radio media service providers. For the purposes of this point, ‘audiovisual                              media services’ and ‘media service providers’ shall, respectively, have the same meaning as pursuant to points (a) and (d)                              of Article 1(1) of Directive 2010/13/EU of the European Parliament and of the Council(24). ‘Programme’ shall have the same meaning as pursuant to point (b) of Article 1(1) of that Directive, but shall also include                              radio programmes and radio programme materials. Furthermore, for the purposes of this provision, ‘programme material’ shall                              have the same meaning as ‘programme’;                           

arbitration and conciliation services;

any of the following legal services:

legal representation of a client by a lawyer within the meaning of Article 1 of Council Directive 77/249/EEC(25) in:                                    
                      -  an arbitration or conciliation held in a Member State, a third country or before an international arbitration or conciliation                                             instance; or                                           
                      -  judicial proceedings before the courts, tribunals or public authorities of a Member State or a third country or before international                                             courts, tribunals or institutions;                                           

legal advice given in preparation of any of the proceedings referred to in point (i) of this point or where there is a tangible                                       indication and high probability that the matter to which the advice relates will become the subject of such proceedings, provided                                       that the advice is given by a lawyer within the meaning of Article 1 of Directive 77/249/EEC;                                    

document certification and authentication services which must be provided by notaries;

legal services provided by trustees or appointed guardians or other legal services the providers of which are designated by                                       a court or tribunal in the Member State concerned or are designated by law to carry out specific tasks under the supervision                                       of such tribunals or courts;                                    

other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority;

financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within                              the meaning of Directive 2004/39/EC of the European Parliament and of the Council(26), central bank services and operations conducted with the European Financial Stability Facility and the European Stability                              Mechanism;                           

loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments;

employment contracts;

civil defence, civil protection, and danger prevention services that are provided by non-profit organisations or associations,                              and which are covered by CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8, 98113100-9                              and 85143000-3 except patient transport ambulance services;                           

public passenger transport services by rail or metro;

political campaign services covered by CPV codes 79341400-0, 92111230-3 and 92111240-6, when awarded by a political party                              in the context of an election campaign.                           

##### Article 11U.K.Service contracts awarded on the basis of an exclusive right

This Directive shall not apply to public service contracts awarded by a contracting authority to another contracting authority                     or to an association of contracting authorities on the basis of an exclusive right which they enjoy pursuant to a law, regulation                     or published administrative provision which is compatible with the TFEU.                  

##### Article 12U.K.Public contracts between entities within the public sector

1.A public contract awarded by a contracting authority to a legal person governed by private or public law shall fall outside                        the scope of this Directive where all of the following conditions are fulfilled:                  

(a)the contracting authority exercises over the legal person concerned a control which is similar to that which it exercises                        over its own departments;                  

(b)more than 80 % of the activities of the controlled legal person are carried out in the performance of tasks entrusted to it                        by the controlling contracting authority or by other legal persons controlled by that contracting authority; and                  

(c)there is no direct private capital participation in the controlled legal person with the exception of non-controlling and                        non-blocking forms of private capital participation required by national legislative provisions, in conformity with the Treaties,                        which do not exert a decisive influence on the controlled legal person.                  

A contracting authority shall be deemed to exercise over a legal person a control similar to that which it exercises over                     its own departments within the meaning of point (a) of the first subparagraph where it exercises a decisive influence over                     both strategic objectives and significant decisions of the controlled legal person. Such control may also be exercised by                     another legal person, which is itself controlled in the same way by the contracting authority.                  

2.Paragraph 1 also applies where a controlled legal person which is a contracting authority awards a contract to its controlling                        contracting authority, or to another legal person controlled by the same contracting authority, provided that there is no                        direct private capital participation in the legal person being awarded the public contract with the exception of non-controlling                        and non-blocking forms of private capital participation required by national legislative provisions, in conformity with the                        Treaties, which do not exert a decisive influence on the controlled legal person.                  

3.A contracting authority, which does not exercise over a legal person governed by private or public law control within the                        meaning of paragraph 1, may nevertheless award a public contract to that legal person without applying this Directive where                        all of the following conditions are fulfilled.                  

(a)the contracting authority exercises jointly with other contracting authorities a control over that legal person which is similar                        to that which they exercise over their own departments;                  

(b)more than 80 % of the activities of that legal person are carried out in the performance of tasks entrusted to it by the controlling                        contracting authorities or by other legal persons controlled by the same contracting authorities; and                  

(c)there is no direct private capital participation in the controlled legal person with the exception of non-controlling and                        non-blocking forms of private capital participation required by national legislative provisions, in conformity with the Treaties,                        which do not exert a decisive influence on the controlled legal person.                  

For the purposes of point (a) of the first subparagraph, contracting authorities exercise joint control over a legal person                     where all of the following conditions are fulfilled:                  

the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting                              authorities. Individual representatives may represent several or all of the participating contracting authorities;                           

those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions                              of the controlled legal person; and                           

the controlled legal person does not pursue any interests which are contrary to those of the controlling contracting authorities.

4.A contract concluded exclusively between two or more contracting authorities shall fall outside the scope of this Directive                        where all of the following conditions are fulfilled:                  

(a)the contract establishes or implements a cooperation between the participating contracting authorities with the aim of ensuring                        that public services they have to perform are provided with a view to achieving objectives they have in common;                  

(b)the implementation of that cooperation is governed solely by considerations relating to the public interest; and                  

(c)the participating contracting authorities perform on the open market less than 20 % of the activities concerned by the cooperation.                  

5.For the determination of the percentage of activities referred to in point (b) of the first subparagraph of paragraph 1, point                        (b) of the first subparagraph of paragraph 3 and point (c) of paragraph 4, the average total turnover, or an appropriate alternative                        activity-based measure such as costs incurred by the relevant legal person or contracting authority with respect to services,                        supplies and works for the three years preceding the contract award shall be taken into consideration.                  

Where, because of the date on which the relevant legal person or contracting authority was created or commenced activities                     or because of a reorganisation of its activities, the turnover, or alternative activity based measure such as costs, are either                     not available for the preceding three years or no longer relevant, it shall be sufficient to show that the measurement of                     activity is credible, particularly by means of business projections.                  

#### *Section 4*U.K.***Specific situations***

##### *Subsection 1*U.K.***Subsidised contracts and research and development services***

###### Article 13U.K.Contracts subsidised by contracting authorities

This Directive shall apply to the awarding of the following contracts:

works contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which,                              net of VAT, is equal to or greater than EUR 5 186 000, where those contracts involve one of the following activities:                           

civil engineering activities as listed in Annex II,

building work for hospitals, facilities intended for sports, recreation and leisure, school and university buildings and buildings                                       used for administrative purposes;                                    

service contracts which are subsidised directly by contracting authorities by more than 50 % and the estimated value of which,                              net of VAT, is equal to or greater than EUR 207 000 and which are connected to a works contract as referred to in point (a).                           

The contracting authorities providing the subsidies referred to in points (a) and (b) of the first subparagraph shall ensure                     compliance with this Directive where they do not themselves award the subsidised contract or where they award that contract                     for and on behalf of other entities.                  

###### Article 14U.K.Research and development services

This Directive shall only apply to public service contracts for research and development services which are covered by CPV                     codes 73000000-2 to 73120000-9, 73300000-5, 73420000-2 and 73430000-5 provided that both of the following conditions are fulfilled:                  

the benefits accrue exclusively to the contracting authority for its use in the conduct of its own affairs, and

the service provided is wholly remunerated by the contracting authority.

##### *Subsection 2*U.K.***Procurement involving defence or security aspects***

###### Article 15U.K.Defence and security

1.This Directive shall apply to the awarding of public contracts and to design contests organised in the fields of defence and                        security, with the exception of the following contracts:                  

(a)contracts falling within the scope of Directive 2009/81/EC;                  

(b)contracts to which Directive 2009/81/EC does not apply pursuant to Articles 8, 12 and 13 thereof.                  

2.This Directive shall not apply to public contracts and design contests not otherwise exempted under paragraph 1, to the extent                        that the protection of the essential security interests of a Member State cannot be guaranteed by less intrusive measures,                        for instance by imposing requirements aimed at protecting the confidential nature of information which the contracting authority                        makes available in a contract award procedure as provided for in this Directive.                  

Furthermore, and in conformity with point (a) of Article 346(1) TFEU, this Directive shall not apply to public contracts and                     design contests not otherwise exempted under paragraph 1 of this Article to the extent that the application of this Directive                     would oblige a Member State to supply information the disclosure of which it considers contrary to the essential interests                     of its security.                  

3.Where the procurement and performance of the public contract or design contest are declared to be secret or must be accompanied                        by special security measures in accordance with the laws, regulations or administrative provisions in force in a Member State,                        this Directive shall not apply provided that the Member State has determined that the essential interests concerned cannot                        be guaranteed by less intrusive measures, such as those referred to in the first subparagraph of paragraph 2.                  

###### Article 16U.K.Mixed procurement involving defence or security aspects

1.In the case of mixed contracts which have as their subject-matter procurement covered by this Directive as well as procurement                        covered by Article 346 TFEU or Directive 2009/81/EC, this Article shall apply.                  

2.Where the different parts of a given public contract are objectively separable, contracting authorities may choose to award                        separate contracts for the separate parts or to award a single contract.                  

Where contracting authorities choose to award separate contracts for separate parts, the decision of which legal regime applies                     to any one of such separate contracts shall be taken on the basis of the characteristics of the separate part concerned.                  

Where contracting authorities choose to award a single contract, the following criteria shall apply to determine the applicable                     legal regime:                  

(a)where part of a given contract is covered by Article 346 TFEU, the contract may be awarded without applying this Directive,                        provided that the award of a single contract is justified for objective reasons;                  

(b)where part of a given contract is covered by Directive 2009/81/EC, the contract may be awarded in accordance with that Directive,                        provided that the award of a single contract is justified for objective reasons. This point shall be without prejudice to                        the thresholds and exclusions for which that Directive provides.                  

The decision to award a single contract shall not, however, be taken for the purpose of excluding contracts from the application                     of either this Directive or Directive 2009/81/EC.                  

3.Point (a) of the third subparagraph of paragraph 2 shall apply to mixed contracts to which both point (a) and point (b) of                        that subparagraph could otherwise apply.                  

4.Where the different parts of a given contract are objectively not separable, the contract may be awarded without applying                        this Directive where it includes elements to which Article 346 TFEU applies; otherwise it may be awarded in accordance with                        Directive 2009/81/EC.                  

###### Article 17U.K.Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international                        rules

1.This Directive shall not apply to public contracts and design contests involving defence or security aspects which the contracting                        authority is obliged to award or organise in accordance with procurement procedures different from those laid down in this                        Directive established by any of the following:                  

(a)an international agreement or arrangement, concluded in conformity with the Treaties, between a Member State and one or more                        third countries or subdivisions thereof and covering works, supplies or services intended for the joint implementation or                        exploitation of a project by their signatories;                  

(b)an international agreement or arrangement relating to the stationing of troops and concerning the undertakings of a Member                        State or a third country;                  

(c)an international organisation.                  

All agreements or arrangements referred to in point (a) of the first subparagraph of this paragraph shall be communicated                     to the Commission, which may consult the Advisory Committee on Public Procurement referred to in Article 89.                  

2.This Directive shall not apply to public contracts and design contests involving defence or security aspects which the contracting                        authority awards in accordance with procurement rules provided by an international organisation or international financing                        institution, where the public contracts and design contests concerned are fully financed by this organisation or institution.                        In the case of public contracts and design contests co-financed for the most part by an international organisation or international                        financing institution the parties shall agree on applicable procurement procedures.                  

### *CHAPTER II*U.K.***General rules***

#### Article 18U.K.Principles of procurement

1.Contracting authorities shall treat economic operators equally and without discrimination and shall act in a transparent and                        proportionate manner.                  

The design of the procurement shall not be made with the intention of excluding it from the scope of this Directive or of                     artificially narrowing competition. Competition shall be considered to be artificially narrowed where the design of the procurement                     is made with the intention of unduly favouring or disadvantaging certain economic operators.                  

2.Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply                        with applicable obligations in the fields of environmental, social and labour law established by Union law, national law,                        collective agreements or by the international environmental, social and labour law provisions listed in Annex X.                  

#### Article 19U.K.Economic operators

1.Economic operators that, under the law of the Member State in which they are established, are entitled to provide the relevant                        service, shall not be rejected solely on the ground that, under the law of the Member State in which the contract is awarded,                        they would be required to be either natural or legal persons.                  

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.                  

2.Groups of economic operators, including temporary associations, may participate in procurement procedures. They shall not                        be required by contracting authorities to have a specific legal form in order to submit a tender or a request to participate.                  

Where necessary, contracting authorities may clarify in the procurement documents how groups of economic operators are to                     meet the requirements as to economic and financial standing or technical and professional ability referred to in Article 58                     provided that this is justified by objective reasons and is proportionate. Member States may establish standard terms for                     how groups of economic operators are to meet those requirements.                  

Any conditions for the performance of a contract by such groups of economic operators, which are different from those imposed                     on individual participants, shall also be justified by objective reasons and shall be proportionate.                  

3.Notwithstanding paragraph 2, contracting authorities may require groups of economic operators to assume a specific legal form                        once they have been awarded the contract, to the extent that such a change is necessary for the satisfactory performance of                        the contract.                  

#### Article 20U.K.Reserved contracts

1.Member States may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators                        whose main aim is the social and professional integration of disabled or disadvantaged persons or may provide for such contracts                        to be performed in the context of sheltered employment programmes, provided that at least 30 % of the employees of those workshops,                        economic operators or programmes are disabled or disadvantaged workers.                  

2.The call for competition shall make reference to this Article.                  

#### Article 21U.K.Confidentiality

1.Unless otherwise provided in this Directive or in the national law to which the contracting authority is subject, in particular                        legislation concerning access to information, and without prejudice to the obligations relating to the advertising of awarded                        contracts and to the information to candidates and tenderers set out in Articles 50 and 55, the contracting authority shall                        not disclose information forwarded to it by economic operators which they have designated as confidential, including, but                        not limited to, technical or trade secrets and the confidential aspects of tenders.                  

2.Contracting authorities may impose on economic operators requirements aimed at protecting the confidential nature of information                        which the contracting authorities make available throughout the procurement procedure.                  

#### Article 22U.K.Rules applicable to communication

1.Member States shall ensure that all communication and information exchange under this Directive, in particular electronic                        submission, are performed using electronic means of communication in accordance with the requirements of this Article. The                        tools and devices to be used for communicating by electronic means, as well as their technical characteristics, shall be non-discriminatory,                        generally available and interoperable with the ICT products in general use and shall not restrict economic operators’ access                        to the procurement procedure.                  

Notwithstanding the first subparagraph, contracting authorities shall not be obliged to require electronic means of communication                     in the submission process in the following situations:                  

(a)due to the specialised nature of the procurement, the use of electronic means of communication would require specific tools,                        devices or file formats that are not generally available or supported by generally available applications;                  

(b)the applications supporting file formats that are suitable for the description of the tenders use file formats that cannot                        be handled by any other open or generally available applications or are under a proprietary licensing scheme and cannot be                        made available for downloading or remote use by the contracting authority;                  

(c)the use of electronic means of communication would require specialised office equipment that is not generally available to                        contracting authorities;                  

(d)the procurement documents require the submission of physical or scale models which cannot be transmitted using electronic                        means.                  

In respect of communications for which electronic means of communication are not used pursuant to the second subparagraph,                     communication shall be carried out by post or other suitable carrier or by a combination of post or other suitable carrier                     and electronic means.                  

Notwithstanding the first subparagraph of this paragraph, contracting authorities are not obliged to require electronic means                     of communication in the submission process to the extent that the use of means of communication other than electronic means                     is necessary either because of a breach of security of the electronic means of communications or for the protection of the                     particularly sensitive nature of information requiring such a high level of protection that it cannot be properly ensured                     by using electronic tools and devices that are either generally available to economic operators or can be made available to                     them by alternative means of access within the meaning of paragraph 5.                  

It shall be the responsibility of the contracting authorities requiring, in accordance with the second subparagraph of this                     paragraph, means of communication other than electronic means in the submission process to indicate in the individual report                     referred to in Article 84 the reasons for this requirement. Where applicable, contracting authorities shall indicate in the                     individual report the reasons why use of means of communication other than electronic means has been considered necessary                     in application of the fourth subparagraph of this paragraph.                  

2.Notwithstanding paragraph 1, oral communication may be used in respect of communications other than those concerning the essential                        elements of a procurement procedure, provided that the content of the oral communication is documented to a sufficient degree.                        For this purpose, the essential elements of a procurement procedure include the procurement documents, requests for participation,                        confirmations of interest and tenders. In particular, oral communications with tenderers which could have a substantial impact                        on the content and assessment of the tenders shall be documented to a sufficient extent and by appropriate means, such as                        written or audio records or summaries of the main elements of the communication.                  

3.In all communication, exchange and storage of information, contracting authorities shall ensure that the integrity of data                        and the confidentiality of tenders and requests to participate are preserved. They shall examine the content of tenders and                        requests to participate only after the time limit set for submitting them has expired.                  

4.For public works contracts and design contests, Member States may require the use of specific electronic tools, such as of                        building information electronic modelling tools or similar. In such cases the contracting authorities shall offer alternative                        means of access, as provided for in paragraph 5, until such time as those tools become generally available within the meaning                        of the second sentence of the first subparagraph of paragraph 1.                  

5.Contracting authorities may, where necessary, require the use of tools and devices which are not generally available, provided                        that the contracting authorities offer alternative means of access.                  

Contracting authorities shall be deemed to offer suitable alternative means of access in any of the following situations,                     where they:                  

(a)offer unrestricted and full direct access free of charge by electronic means to those tools and devices from the date of publication                        of the notice in accordance with Annex VIII or from the date when the invitation to confirm interest is sent. The text of                        the notice or the invitation to confirm interest shall specify the internet address at which those tools and devices are accessible;                  

(b)ensure that tenderers having no access to the tools and devices concerned, or no possibility of obtaining them within the                        relevant time limits, provided that the lack of access is not attributable to the tenderer concerned, may access the procurement                        procedure through the use of provisional tokens made available free of charge online; or                  

(c)support an alternative channel for electronic submission of tenders.                  

6.In addition to the requirements set out in Annex IV, the following rules shall apply to tools and devices for the electronic                        transmission and receipt of tenders and for the electronic receipt of requests to participate:                  

(a)information on specifications for the electronic submission of tenders and requests to participate, including encryption and                        time-stamping, shall be available to interested parties;                  

(b)Member States, or contracting authorities acting within an overall framework established by the Member State concerned, shall                        specify the level of security required for the electronic means of communication in the various stages of the specific procurement                        procedure; that level shall be proportionate to the risks attached;                  

(c)where Member States, or contracting authorities acting within an overall framework established by the Member State concerned,                        conclude that the level of risks, assessed under point (b) of this paragraph, is such that advanced electronic signatures                        as defined by Directive 1999/93/EC of the European Parliament and of the Council(27) are required, contracting authorities shall accept advanced electronic signatures supported by a qualified certificate, taking                        into account whether those certificates are provided by a certificate services provider, which is on a trusted list provided                        for in Commission Decision 2009/767/EC(28), created with or without a secure signature creation device, subject to compliance with the following conditions:                  

the contracting authorities shall establish the required advanced signature format on the basis of formats established in                              Commission Decision 2011/130/EU(29) and shall put in place necessary measures to be able to process these formats technically; in case a different format of                              electronic signature is used, the electronic signature or the electronic document carrier shall include information on existing                              validation possibilities, which shall be under the responsibility of the Member State. The validation possibilities shall                              allow the contracting authority to validate online, free of charge and in a way that is understandable for non-native speakers,                              the received electronic signature as an advanced electronic signature supported by a qualified certificate.                           

Member States shall notify information on the provider of validation services to the Commission, which shall make the information                              received from the Member States available to the public on the Internet;                           

where a tender is signed with the support of a qualified certificate that is included on a trusted list, the contracting authorities                              shall not apply additional requirements that may hinder the use of those signatures by tenderers.                           

In respect of documents used in the context of a procurement procedure that are signed by a competent authority of a Member                     State or by another issuing entity, the competent issuing authority or entity may establish the required advanced signature                     format in accordance with the requirements set out in Article 1(2) of Decision 2011/130/EU. They shall put in place the necessary                     measures to be able to process that format technically by including the information required for the purpose of processing                     the signature in the document concerned. Such documents shall contain in the electronic signature or in the electronic document                     carrier information on existing validation possibilities that allow the validation of the received electronic signature online,                     free of charge and in a way that is understandable for non-native speakers.                  

7.The Commission shall be empowered to adopt delegated acts in accordance with Article 87 to amend the technical details and                        characteristics set out in Annex IV to take account of technical developments.                  

The Commission shall be empowered to adopt delegated acts in accordance with Article 87 to amend the list set out in points                     (a) to (d) of the second subparagraph of paragraph 1 of this Article where technological developments render continued exceptions                     from the use of electronic means of communication inappropriate or, exceptionally, where new exceptions must be provided for                     because of technological developments.                  

To ensure the interoperability of technical formats as well as of process and messaging standards, especially in a cross-border                     context, the Commission shall be empowered to adopt delegated acts in accordance with Article 87 to establish the mandatory                     use of such specific technical standards, in particular with regard to the use of electronic submission, electronic catalogues                     and means for electronic authentication, only where technical standards have been thoroughly tested and proved their usefulness                     in practice. Before making the use of any technical standard mandatory, the Commission shall also carefully consider the costs                     that this may entail, in particular in terms of adaptations to existing e-procurement solutions, including infrastructure,                     processes or software.                  

#### Article 23U.K.Nomenclatures

1.Any references to nomenclatures in the context of public procurement shall be made using the Common Procurement Vocabulary                        (CPV) as adopted by Regulation (EC) No 2195/2002.                  

2.The Commission shall be empowered to adopt delegated acts in accordance with Article 87 to adapt the CPV codes referred to                        in this Directive, whenever changes in the CPV nomenclature must be reflected in this Directive and they do not imply a modification                        of the scope of this Directive.                  

#### Article 24U.K.Conflicts of interest

Member States shall ensure that contracting authorities take appropriate measures to effectively prevent, identify and remedy                     conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to                     ensure equal treatment of all economic operators.                  

The concept of conflicts of interest shall at least cover any situation where staff members of the contracting authority or                     of a procurement service provider acting on behalf of the contracting authority who are involved in the conduct of the procurement                     procedure or may influence the outcome of that procedure have, directly or indirectly, a financial, economic or other personal                     interest which might be perceived to compromise their impartiality and independence in the context of the procurement procedure.                  

## TITLE IIU.K.**RULES ON PUBLIC CONTRACTS**

### *CHAPTER I*U.K.***Procedures***

#### Article 25U.K.Conditions relating to the GPA and other international agreements

In so far as they are covered by Annexes 1, 2, 4 and 5 and the General Notes to the European Union’s Appendix I to the GPA                     and by the other international agreements by which the Union is bound, contracting authorities shall accord to the works,                     supplies, services and economic operators of the signatories to those agreements treatment no less favourable than the treatment                     accorded to the works, supplies, services and economic operators of the Union.                  

#### Article 26U.K.Choice of procedures

1.When awarding public contracts, contracting authorities shall apply the national procedures adjusted to be in conformity with                        this Directive, provided that, without prejudice to Article 32, a call for competition has been published in accordance with                        this Directive.                  

2.Member States shall provide that contracting authorities may apply open or restricted procedures as regulated in this Directive.                  

3.Member States shall provide that contracting authorities may apply innovation partnerships as regulated in this Directive.                  

4.Member States shall provide that contracting authorities may apply a competitive procedure with negotiation or a competitive                        dialogue in the following situations:                  

(a)with regard to works, supplies or services fulfilling one or more of the following criteria:                  

the needs of the contracting authority cannot be met without adaptation of readily available solutions;

they include design or innovative solutions;

the contract cannot be awarded without prior negotiations because of specific circumstances related to the nature, the complexity                              or the legal and financial make-up or because of the risks attaching to them;                           

the technical specifications cannot be established with sufficient precision by the contracting authority with reference to                              a standard, European Technical Assessment, common technical specification or technical reference within the meaning of points                              2 to 5 of Annex VII;                           

(b)with regard to works, supplies or services where, in response to an open or a restricted procedure, only irregular or unacceptable                        tenders are submitted. In such situations contracting authorities shall not be required to publish a contract notice where                        they include in the procedure all of, and only, the tenderers which satisfy the criteria set out in Articles 57 to 64 and                        which, during the prior open or restricted procedure, submitted tenders in accordance with the formal requirements of the                        procurement procedure.                  

In particular, tenders which do not comply with the procurement documents, which were received late, where there is evidence                     of collusion or corruption, or which have been found by the contracting authority to be abnormally low, shall be considered                     as being irregular. In particular tenders submitted by tenderers that do not have the required qualifications, and tenders                     whose price exceeds the contracting authority’s budget as determined and documented prior to the launching of the procurement                     procedure shall be considered as unacceptable.                  

5.The call for competition shall be made by means of a contract notice pursuant to Article 49.                  

Where the contract is awarded by restricted procedure or competitive procedure with negotiation, Member States may provide,                     notwithstanding the first subparagraph of this paragraph, that sub-central contracting authorities or specific categories                     thereof may make the call for competition by means of a prior information notice pursuant to Article 48(2).                  

Where the call for competition is made by means of a prior information notice pursuant to Article 48(2), economic operators                     having expressed their interest following the publication of the prior information notice shall subsequently be invited to                     confirm their interest in writing by means of an invitation to confirm interest in conformity with Article 54.                  

6.In the specific cases and circumstances referred to expressly in Article 32, Member States may provide that contracting authorities                        may apply a negotiated procedure without prior publication of a call for competition. Member States shall not allow the application                        of that procedure in any other cases than those referred to in Article 32.                  

#### Article 27U.K.Open procedure

1.In open procedures, any interested economic operator may submit a tender in response to a call for competition.                  

The minimum time limit for the receipt of tenders shall be 35 days from the date on which the contract notice was sent.

The tender shall be accompanied by the information for qualitative selection that is requested by the contracting authority.

2.Where contracting authorities have published a prior information notice which was not itself used as a means of calling for                        competition, the minimum time limit for the receipt of tenders, as laid down in the second subparagraph of paragraph 1 of                        this Article, may be shortened to 15 days, provided that all of the following conditions are fulfilled:                  

(a)the prior information notice included all the information required for the contract notice in section I of part B of Annex                        V, in so far as that information was available at the time the prior information notice was published;                  

(b)the prior information notice was sent for publication between 35 days and 12 months before the date on which the contract                        notice was sent.                  

3.Where a state of urgency duly substantiated by the contracting authority renders impracticable the time limit laid down in                        the second subparagraph of paragraph 1, it may fix a time limit which shall be not less than 15 days from the date on which                        the contract notice was sent.                  

4.The contracting authority may reduce by five days the time limit for receipt of tenders set out in the second subparagraph                        of paragraph 1 of this Article where it accepts that tenders may be submitted by electronic means in accordance with the first                        subparagraph of Article 22(1), and Article 22(5) and (6).                  

#### Article 28U.K.Restricted procedure

1.In restricted procedures, any economic operator may submit a request to participate in response to a call for competition                        containing the information set out in Annex V parts B or C as the case may be by providing the information for qualitative                        selection that is requested by the contracting authority.                  

The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice                     or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest was                     sent.                  

2.Only those economic operators invited to do so by the contracting authority following its assessment of the information provided                        may submit a tender. Contracting authorities may limit the number of suitable candidates to be invited to participate in the                        procedure in accordance with Article 65.                  

The minimum time limit for the receipt of tenders shall be 30 days from the date on which the invitation to tender was sent.

3.Where contracting authorities have published a prior information notice which was not itself used as a means of calling for                        competition, the minimum time limit for the receipt of tenders as laid down in the second subparagraph of paragraph 2 of this                        Article may be shortened to 10 days, provided that all of the following conditions are fulfilled:                  

(a)the prior information notice included all the information required in section I of part B of Annex V, in so far as that information                        was available at the time the prior information notice was published;                  

(b)the prior information notice was sent for publication between 35 days and 12 months before the date on which the contract                        notice was sent.                  

4.Member States may provide that all or specific categories of sub-central contracting authorities may set the time limit for                        the receipt of tenders by mutual agreement between the contracting authority and the selected candidates, provided that all                        selected candidates have the same time to prepare and submit their tenders. In the absence of agreement on the time limit                        for the receipt of tenders, the time limit shall be at least 10 days from the date on which the invitation to tender was sent.                  

5.The time limit for receipt of tenders provided for in paragraph 2 of this Article may be reduced by five days where the contracting                        authority accepts that tenders may be submitted by electronic means in conformity with Article 22(1), (5) and (6).                  

6.Where a state of urgency duly substantiated by the contracting authorities renders impracticable the time limits laid down                        in this Article, they may fix:                  

(a)a time limit for the receipt of requests to participate which shall not be less than 15 days from the date on which the contract                        notice was sent;                  

(b)a time limit for the receipt of tenders which shall not be less than 10 days from the date on which the invitation to tender                        was sent.                  

#### Article 29U.K.Competitive procedure with negotiation

1.In competitive procedures with negotiation, any economic operator may submit a request to participate in response to a call                        for competition containing the information set out in Annex V parts B and C by providing the information for qualitative selection                        that is requested by the contracting authority.                  

In the procurement documents, contracting authorities shall identify the subject-matter of the procurement by providing a                     description of their needs and the characteristics required of the supplies, works or services to be procured and specify                     the contract award criteria. They shall also indicate which elements of the description define the minimum requirements to                     be met by all tenders.                  

The information provided shall be sufficiently precise to enable economic operators to identify the nature and scope of the                     procurement and decide whether to request to participate in the procedure.                  

The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice                     or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest was                     sent. The minimum time limit for the receipt of initial tenders shall be 30 days from the date on which the invitation was                     sent. Article 28(3) to (6) shall apply.                  

2.Only those economic operators invited by the contracting authority following its assessment of the information provided may                        submit an initial tender which shall be the basis for the subsequent negotiations. Contracting authorities may limit the number                        of suitable candidates to be invited to participate in the procedure in accordance with Article 65.                  

3.Unless otherwise provided for in paragraph 4, contracting authorities shall negotiate with tenderers the initial and all subsequent                        tenders submitted by them, except for the final tenders within the meaning of paragraph 7, to improve the content thereof.                  

The minimum requirements and the award criteria shall not be subject to negotiations.

4.Contracting authorities may award contracts on the basis of the initial tenders without negotiation where they have indicated,                        in the contract notice or in the invitation to confirm interest, that they reserve the possibility of doing so.                  

5.During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall                        not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall inform                        all tenderers, whose tenders have not been eliminated pursuant to paragraph 6, in writing of any changes to the technical                        specifications or other procurement documents, other than those setting out the minimum requirements. Following these changes,                        contracting authorities shall provide sufficient time for tenderers to modify and re-submit amended tenders, as appropriate.                  

In accordance with Article 21, contracting authorities shall not reveal to the other participants confidential information                     communicated by a candidate or a tenderer participating in the negotiations without its agreement. Such agreement shall not                     take the form of a general waiver but shall be given with reference to the intended communication of specific information.                  

6.Competitive procedures with negotiation may take place in successive stages in order to reduce the number of tenders to be                        negotiated by applying the award criteria specified in the contract notice, in the invitation to confirm interest or in another                        procurement document. In the contract notice, the invitation to confirm interest or in another procurement document, the contracting                        authority shall indicate whether it will use that option.                  

7.Where the contracting authority intends to conclude the negotiations, it shall inform the remaining tenderers and set a common                        deadline to submit any new or revised tenders. It shall verify that the final tenders are in conformity with the minimum requirements                        and comply with Article 56(1), assess the final tenders on the basis of the award criteria and award the contract in accordance                        with Articles 66 to 69.                  

#### Article 30U.K.Competitive dialogue

1.In competitive dialogues, any economic operator may submit a request to participate in response to a contract notice by providing                        the information for qualitative selection that is requested by the contracting authority.                  

The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice                     was sent.                  

Only those economic operators invited by the contracting authority following the assessment of the information provided may                     participate in the dialogue. Contracting authorities may limit the number of suitable candidates to be invited to participate                     in the procedure in accordance with Article 65. The contract shall be awarded on the sole basis of the award criterion of                     the best price-quality ratio in accordance with Article 67(2).                  

2.Contracting authorities shall set out their needs and requirements in the contract notice and they shall define these needs                        and requirements in that notice and/or in a descriptive document. At the same time and in the same documents, they shall also                        set out and define the chosen award criteria and set out an indicative timeframe.                  

3.Contracting authorities shall open, with the participants selected in accordance with the relevant provisions of Articles                        56 to 66, a dialogue the aim of which shall be to identify and define the means best suited to satisfying their needs. They                        may discuss all aspects of the procurement with the chosen participants during this dialogue.                  

During the dialogue, contracting authorities shall ensure equality of treatment among all participants. To that end, they                     shall not provide information in a discriminatory manner which may give some participants an advantage over others.                  

In accordance with Article 21, contracting authorities shall not reveal to the other participants solutions proposed or other                     confidential information communicated by a candidate or tenderer participating in the dialogue without its agreement. Such                     agreement shall not take the form of a general waiver but shall be given with reference to the intended communication of specific                     information.                  

4.Competitive dialogues may take place in successive stages in order to reduce the number of solutions to be discussed during                        the dialogue stage by applying the award criteria laid down in the contract notice or in the descriptive document. In the                        contract notice or the descriptive document, the contracting authority shall indicate whether it will use that option.                  

5.The contracting authority shall continue the dialogue until it can identify the solution or solutions which are capable of                        meeting its needs.                  

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

Those tenders may be clarified, specified and optimised at the request of the contracting authority. However, such clarification,                     specification, optimisation or additional information may not involve changes to the essential aspects of the tender or of                     the public procurement, including the needs and requirements set out in the contract notice or in the descriptive document,                     where variations to those aspects, needs and requirements are likely to distort competition or have a discriminatory effect.                  

7.Contracting authorities shall assess the tenders received on the basis of the award criteria laid down in the contract notice                        or in the descriptive document.                  

At the request of the contracting authority, negotiations with the tenderer identified as having submitted the tender presenting                     the best price-quality ratio in accordance with Article 67 may be carried out to confirm financial commitments or other terms                     contained in the tender by finalising the terms of the contract provided this does not have the effect of materially modifying                     essential aspects of the tender or of the public procurement, including the needs and requirements set out in the contract                     notice or in the descriptive document and does not risk distorting competition or causing discrimination.                  

8.Contracting authorities may specify prizes or payments to the participants in the dialogue.                  

#### Article 31U.K.Innovation partnership

1.In innovation partnerships, any economic operator may submit a request to participate in response to a contract notice by                        providing the information for qualitative selection that is requested by the contracting authority.                  

In the procurement documents, the contracting authority shall identify the need for an innovative product, service or works                     that cannot be met by purchasing products, services or works already available on the market. It shall indicate which elements                     of this description define the minimum requirements to be met by all tenders. The information provided shall be sufficiently                     precise to enable economic operators to identify the nature and scope of the required solution and decide whether to request                     to participate in the procedure.                  

The contracting authority may decide to set up the innovation partnership with one partner or with several partners conducting                     separate research and development activities.                  

The minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice                     is sent. Only those economic operators invited by the contracting authority following the assessment of the information provided                     may participate in the procedure. Contracting authorities may limit the number of suitable candidates to be invited to participate                     in the procedure in accordance with Article 65. The contracts shall be awarded on the sole basis of the award criterion of                     the best price-quality ratio in accordance with Article 67.                  

2.The innovation partnership shall aim at the development of an innovative product, service or works and the subsequent purchase                        of the resulting supplies, services or works, provided that they correspond to the performance levels and maximum costs agreed                        between the contracting authorities and the participants.                  

The innovation partnership shall be structured in successive phases following the sequence of steps in the research and innovation                     process, which may include the manufacturing of the products, the provision of the services or the completion of the works.                     The innovation partnership shall set intermediate targets to be attained by the partners and provide for payment of the remuneration                     in appropriate instalments.                  

Based on those targets, the contracting authority may decide after each phase to terminate the innovation partnership or,                     in the case of an innovation partnership with several partners, to reduce the number of partners by terminating individual                     contracts, provided that the contracting authority has indicated in the procurement documents those possibilities and the                     conditions for their use.                  

3.Unless otherwise provided for in this Article, contracting authorities shall negotiate with tenderers the initial and all                        subsequent tenders submitted by them, except for the final tender, to improve the content thereof.                  

The minimum requirements and the award criteria shall not be subject to negotiations.

4.During the negotiations, contracting authorities shall ensure the equal treatment of all tenderers. To that end, they shall                        not provide information in a discriminatory manner which may give some tenderers an advantage over others. They shall inform                        all tenderers whose tenders have not been eliminated, pursuant to paragraph 5, in writing of any changes to the technical                        specifications or other procurement documents other than those setting out the minimum requirements. Following those changes,                        contracting authorities shall provide sufficient time for tenderers to modify and re-submit amended tenders, as appropriate.                  

In accordance with Article 21, contracting authorities shall not reveal to the other participants confidential information                     communicated by a candidate or tenderer participating in the negotiations without its agreement. Such agreement shall not                     take the form of a general waiver but shall be given with reference to the intended communication of specific information.                  

5.Negotiations during innovation partnership procedures may take place in successive stages in order to reduce the number of                        tenders to be negotiated by applying the award criteria specified in the contract notice, in the invitation to confirm interest                        or in the procurement documents. In the contract notice, the invitation to confirm interest or in the procurement documents,                        the contracting authority shall indicate whether it will use that option.                  

6.In selecting candidates, contracting authorities shall in particular apply criteria concerning the candidates’ capacity in                        the field of research and development and of developing and implementing innovative solutions.                  

Only those economic operators invited by the contracting authority following its assessment of the requested information may                     submit research and innovation projects aimed at meeting the needs identified by the contracting authority that cannot be                     met by existing solutions.                  

In the procurement documents, the contracting authority shall define the arrangements applicable to intellectual property                     rights. In the case of an innovation partnership with several partners, the contracting authority shall not, in accordance                     with Article 21, reveal to the other partners solutions proposed or other confidential information communicated by a partner                     in the framework of the partnership without that partner’s agreement. Such agreement shall not take the form of a general                     waiver but shall be given with reference to the intended communication of specific information.                  

7.The contracting authority shall ensure that the structure of the partnership and, in particular, the duration and value of                        the different phases reflect the degree of innovation of the proposed solution and the sequence of the research and innovation                        activities required for the development of an innovative solution not yet available on the market. The estimated value of                        supplies, services or works shall not be disproportionate in relation to the investment required for their development.                  

#### Article 32U.K.Use of the negotiated procedure without prior publication

1.In the specific cases and circumstances laid down in paragraphs 2 to 5, Member States may provide that contracting authorities                        may award public contracts by a negotiated procedure without prior publication.                  

2.The negotiated procedure without prior publication may be used for public works contracts, public supply contracts and public                        service contracts in any of the following cases:                  

(a)where no tenders or no suitable tenders or no requests to participate or no suitable requests to participate have been submitted                        in response to an open procedure or a restricted procedure, provided that the initial conditions of the contract are not substantially                        altered and that a report is sent to the Commission where it so requests.                  

A tender shall be considered not to be suitable where it is irrelevant to the contract, being manifestly incapable, without                     substantial changes, of meeting the contracting authority’s needs and requirements as specified in the procurement documents.                     A request for participation shall be considered not to be suitable where the economic operator concerned is to be or may be                     excluded pursuant to Article 57 or does not meet the selection criteria set out by the contracting authority pursuant to Article                     58;                  

(b)where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons:                  

the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance;

competition is absent for technical reasons;

the protection of exclusive rights, including intellectual property rights;

The exceptions set out in points (ii) and (iii) shall only apply when no reasonable alternative or substitute exists and the                     absence of competition is not the result of an artificial narrowing down of the parameters of the procurement;                  

(c)in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting                        authority, the time limits for the open or restricted procedures or competitive procedures with negotiation cannot be complied                        with. The circumstances invoked to justify extreme urgency shall not in any event be attributable to the contracting authority.                  

3.The negotiated procedure without prior publication may be used for public supply contracts:                  

(a)where the products involved are manufactured purely for the purpose of research, experimentation, study or development; however,                        contracts awarded pursuant to this point shall not include quantity production to establish commercial viability or to recover                        research and development costs;                  

(b)for additional deliveries by the original supplier which are intended either as a partial replacement of supplies or installations                        or as the extension of existing supplies or installations where a change of supplier would oblige the contracting authority                        to acquire supplies having different technical characteristics which would result in incompatibility or disproportionate technical                        difficulties in operation and maintenance; the duration of such contracts as well as that of recurrent contracts shall not,                        as a general rule, exceed three years;                  

(c)for supplies quoted and purchased on a commodity market;                  

(d)for the purchase of supplies or services on particularly advantageous terms, from either a supplier which is definitively                        winding up its business activities, or the liquidator in an insolvency procedure, an arrangement with creditors, or a similar                        procedure under national laws or regulations.                  

4.The negotiated procedure without prior publication may be used for public service contracts, where the contract concerned                        follows a design contest organised in accordance with this Directive and is to be awarded, under the rules provided for in                        the design contest, to the winner or one of the winners of the design contest; in the latter case, all winners must be invited                        to participate in the negotiations.                  

5.The negotiated procedure without prior publication may be used for new works or services consisting in the repetition of similar                        works or services entrusted to the economic operator to which the same contracting authorities awarded an original contract,                        provided that such works or services are in conformity with a basic project for which the original contract was awarded pursuant                        to a procedure in accordance with Article 26(1). The basic project shall indicate the extent of possible additional works                        or services and the conditions under which they will be awarded.                  

As soon as the first project is put up for tender, the possible use of this procedure shall be disclosed and the total estimated                     cost of subsequent works or services shall be taken into consideration by the contracting authorities when they apply Article                     4.                  

This procedure may be used only during the three years following the conclusion of the original contract.

### *CHAPTER II*U.K.***Techniques and instruments for electronic and aggregated procurement***

#### Article 33U.K.Framework agreements

1.Contracting authorities may conclude framework agreements, provided that they apply the procedures provided for in this Directive.                  

A framework agreement means an agreement between one or more contracting authorities and one or more economic operators, the                     purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard                     to price and, where appropriate, the quantity envisaged.                  

The term of a framework agreement shall not exceed four years, save in exceptional cases duly justified, in particular by                     the subject of the framework agreement.                  

2.Contracts based on a framework agreement shall be awarded in accordance with the procedures laid down in this paragraph and                        in paragraphs 3 and 4.                  

Those procedures may be applied only between those contracting authorities clearly identified for this purpose in the call                     for competition or the invitation to confirm interest and those economic operators party to the framework agreement as concluded.                  

Contracts based on a framework agreement may under no circumstances entail substantial modifications to the terms laid down                     in that framework agreement, in particular in the case referred to in paragraph 3.                  

3.Where a framework agreement is concluded with a single economic operator, contracts based on that agreement shall be awarded                        within the limits of the terms laid down in the framework agreement.                  

For the award of those contracts, contracting authorities may consult the economic operator party to the framework agreement                     in writing, requesting it to supplement its tender as necessary.                  

4.Where a framework agreement is concluded with more than one economic operator, that framework agreement shall be performed                        in one of the following ways:                  

(a)following the terms and conditions of the framework agreement, without reopening competition, where it sets out all the terms                        governing the provision of the works, services and supplies concerned and the objective conditions for determining which of                        the economic operators, party to the framework agreement, shall perform them; the latter conditions shall be indicated in                        the procurement documents for the framework agreement;                  

(b)where the framework agreement sets out all the terms governing the provision of the works, services and supplies concerned,                        partly without reopening of competition in accordance with point (a) and partly with reopening of competition amongst the                        economic operators parties to the framework agreement in accordance with point (c), where this possibility has been stipulated                        by the contracting authorities in the procurement documents for the framework agreement. The choice of whether specific works,                        supplies or services shall be acquired following a reopening of competition or directly on the terms set out in the framework                        agreement shall be made pursuant to objective criteria, which shall be set out in the procurement documents for the framework                        agreement. These procurement documents shall also specify which terms may be subject to reopening of competition.                  

The possibilities provided for under the first paragraph of this point shall also apply to any lot of a framework agreement                     for which all the terms governing the provision of the works, services and supplies concerned are set out in the framework                     agreement, regardless of whether all the terms governing the provision of the works, services and supplies concerned under                     other lots have been set out.                  

(c)where not all the terms governing the provision of the works, services and supplies are laid down in the framework agreement,                        through reopening competition amongst the economic operators parties to the framework agreement.                  

5.The competitions referred to in points (b) and (c) of paragraph 4 shall be based on the same terms as applied for the award                        of the framework agreement and, where necessary, more precisely formulated terms, and, where appropriate, other terms referred                        to in the procurement documents for the framework agreement, in accordance with the following procedure:                  

(a)for every contract to be awarded, contracting authorities shall consult in writing the economic operators capable of performing                        the contract;                  

(b)contracting authorities shall fix a time limit which is sufficiently long to allow tenders for each specific contract to be                        submitted, taking into account factors such as the complexity of the subject-matter of the contract and the time needed to                        send in tenders;                  

(c)tenders shall be submitted in writing, and their content shall not be opened until the stipulated time limit for reply has                        expired;                  

(d)contracting authorities shall award each contract to the tenderer that has submitted the best tender on the basis of the award                        criteria set out in the procurement documents for the framework agreement.                  

#### Article 34U.K.Dynamic purchasing systems

1.For commonly used purchases the characteristics of which, as generally available on the market, meet the requirements of the                        contracting authorities, contracting authorities may use a dynamic purchasing system. The dynamic purchasing system shall                        be operated as a completely electronic process, and shall be open throughout the period of validity of the purchasing system                        to any economic operator that satisfies the selection criteria. It may be divided into categories of products, works or services                        that are objectively defined on the basis of characteristics of the procurement to be undertaken under the category concerned.                        Such characteristics may include reference to the maximum allowable size of the subsequent specific contracts or to a specific                        geographic area in which subsequent specific contracts will be performed.                  

2.In order to procure under a dynamic purchasing system, contracting authorities shall follow the rules of the restricted procedure.                        All the candidates satisfying the selection criteria shall be admitted to the system, and the number of candidates to be admitted                        to the system shall not be limited in accordance with Article 65. Where contracting authorities have divided the system into                        categories of products, works or services in accordance with paragraph 1 of this Article, they shall specify the applicable                        selection criteria for each category.                  

Notwithstanding Article 28, the following time limits shall apply:

(a)the minimum time limit for receipt of requests to participate shall be 30 days from the date on which the contract notice                        or, where a prior information notice is used as a means of calling for competition, the invitation to confirm interest is                        sent. No further time limits for receipt of requests to participate shall apply once the invitation to tender for the first                        specific procurement under the dynamic purchasing system has been sent;                  

(b)the minimum time limit for receipt of tenders shall be at least 10 days from the date on which the invitation to tender is                        sent. Where appropriate, Article 28(4) shall apply. Article 28(3) and (5) shall not apply.                  

3.All communications in the context of a dynamic purchasing system shall only be made by electronic means in accordance with                        Article 22(1), (3), (5) and (6).                  

4.For the purposes of awarding contracts under a dynamic purchasing system, contracting authorities shall:                  

(a)publish a call for competition making it clear that a dynamic purchasing system is involved;                  

(b)indicate in the procurement documents at least the nature and estimated quantity of the purchases envisaged, as well as all                        the necessary information concerning the dynamic purchasing system, including how the dynamic purchasing system operates,                        the electronic equipment used and the technical connection arrangements and specifications;                  

(c)indicate any division into categories of products, works or services and the characteristics defining them;                  

(d)offer unrestricted and full direct access, as long as the system is valid, to the procurement documents in conformity with                        Article 53.                  

5.Contracting authorities shall give any economic operator, throughout the entire period of validity of the dynamic purchasing                        system, the possibility of requesting to participate in the system under the conditions referred to in paragraph 2. Contracting                        authorities shall finalise their assessment of such requests in accordance with the selection criteria within 10 working days                        following their receipt. That deadline may be prolonged to 15 working days in individual cases where justified, in particular                        because of the need to examine additional documentation or to otherwise verify whether the selection criteria are met.                  

Notwithstanding the first subparagraph, as long as the invitation to tender for the first specific procurement under the dynamic                     purchasing system has not been sent, contracting authorities may extend the evaluation period provided that no invitation                     to tender is issued during the extended evaluation period. Contracting authorities shall indicate in the procurement documents                     the length of the extended period that they intend to apply.                  

Contracting authorities shall inform the economic operator concerned at the earliest possible opportunity of whether or not                     it has been admitted to the dynamic purchasing system.                  

6.Contracting authorities shall invite all admitted participants to submit a tender for each specific procurement under the                        dynamic purchasing system, in accordance with Article 54. Where the dynamic purchasing system has been divided into categories                        of works, products or services, contracting authorities shall invite all participants having been admitted to the category                        corresponding to the specific procurement concerned to submit a tender.                  

They shall award the contract to the tenderer that submitted the best tender on the basis of the award criteria set out in                     the contract notice for the dynamic purchasing system or, where a prior information notice is used as a means of calling for                     competition, in the invitation to confirm interest. Those criteria may, where appropriate, be formulated more precisely in                     the invitation to tender.                  

7.Contracting authorities may, at any time during the period of validity of the dynamic purchasing system, require admitted                        participants to submit a renewed and updated self-declaration as provided for in Article 59(1), within five working days from                        the date on which that request is transmitted.                  

Article 59(4) to (6) shall apply throughout the entire period of validity of the dynamic purchasing system.

8.Contracting authorities shall indicate the period of validity of the dynamic purchasing system in the call for competition.                        They shall notify the Commission of any change in the period of validity, using the following standard forms:                  

(a)where the period of validity is changed without terminating the system, the form used initially for the call for competition                        for the dynamic purchasing system;                  

(b)where the system is terminated, a contract award notice referred to in Article 50.                  

9.No charges may be billed prior to or during the period of validity of the dynamic purchasing system to the economic operators                        interested in or party to the dynamic purchasing system.                  

#### Article 35U.K.Electronic auctions

1.Contracting authorities may use electronic auctions, in which new prices, revised downwards, and/or new values concerning                        certain elements of tenders are presented.                  

For this purpose, contracting authorities shall structure the electronic auction as a repetitive electronic process, which                     occurs after an initial full evaluation of the tenders, enabling them to be ranked using automatic evaluation methods.                  

Certain public service contracts and certain public works contracts having as their subject-matter intellectual performances,                     such as the design of works, which cannot be ranked using automatic evaluation methods, shall not be the object of electronic                     auctions.                  

2.In open or restricted procedures or competitive procedures with negotiation, the contracting authorities may decide that the                        award of a public contract shall be preceded by an electronic auction when the content of the procurement documents, in particular                        the technical specifications, can be established with precision.                  

In the same circumstances, an electronic auction may be held on the reopening of competition among the parties to a framework                     agreement as provided for in points (b) or (c) of Article 33(4) and on the opening for competition of contracts to be awarded                     under the dynamic purchasing system referred to in Article 34.                  

3.The electronic auction shall be based on one of the following elements of the tenders:                  

(a)solely on prices where the contract is awarded on the basis of price only;                  

(b)on prices and/or on the new values of the features of the tenders indicated in the procurement documents where the contract                        is awarded on the basis of the best price-quality ratio or to the tender with the lowest cost using a cost-effectiveness approach.                  

4.Contracting authorities which decide to hold an electronic auction shall state that fact in the contract notice or in the                        invitation to confirm interest. The procurement documents shall include at least the information set out in Annex VI.                  

5.Before proceeding with an electronic auction, contracting authorities shall make a full initial evaluation of the tenders                        in accordance with the award criterion or criteria and with the weighting fixed for them.                  

A tender shall be considered admissible where it has been submitted by a tenderer, who has not been excluded pursuant to Article                     57 and who meets the selection criteria, and whose tender is in conformity with the technical specifications without being                     irregular or unacceptable or unsuitable.                  

In particular, tenders which do not comply with the procurement documents, which were received late, where there is evidence                     of collusion or corruption, or which have been found by the contracting authority to be abnormally low, shall be considered                     as being irregular. In particular tenders submitted by tenderers that do not have the required qualifications, and tenders                     whose price exceeds the contracting authority’s budget as determined and documented prior to the launching of the procurement                     procedure shall be considered as unacceptable.                  

A tender shall be considered not to be suitable where it is irrelevant to the contract, being manifestly incapable, without                     substantial changes, of meeting the contracting authority’s needs and requirements as specified in the procurement documents.                     A request for participation shall be considered not to be suitable where the economic operator concerned is to be or may be                     excluded pursuant to Article 57 or does not meet the selection criteria set out by the contracting authority pursuant to Article                     58                  

All tenderers that have submitted admissible tenders shall be invited simultaneously to participate in the electronic auction                     using, as of the specified date and time, the connections in accordance with the instructions set out in the invitation. The                     electronic auction may take place in a number of successive phases. The electronic auction shall not start sooner than two                     working days after the date on which invitations are sent out.                  

6.The invitation shall be accompanied by the outcome of a full evaluation of the relevant tender, carried out in accordance                        with the weighting provided for in the first subparagraph of Article 67(5).                  

The invitation shall also state the mathematical formula to be used in the electronic auction to determine the automatic re-rankings                     on the basis of the new prices and/or new values submitted. Except where the most economically advantageous offer is identified                     on the basis of price alone, that formula shall incorporate the weighting of all the criteria established to determine the                     most economically advantageous tender, as indicated in the notice used as a means of calling for competition or in other procurement                     documents. For that purpose, any ranges shall, however, be reduced beforehand to a specified value.                  

Where variants are authorised, a separate formula shall be provided for each variant.

7.Throughout each phase of an electronic auction the contracting authorities shall instantaneously communicate to all tenderers                        at least sufficient information to enable them to ascertain their relative rankings at any moment. They may, where this has                        been previously indicated, communicate other information concerning other prices or values submitted. They may also at any                        time announce the number of participants in that phase of the auction. In no case, however, may they disclose the identities                        of the tenderers during any phase of an electronic auction.                  

8.Contracting authorities shall close an electronic auction in one or more of the following manners:                  

(a)at the previously indicated date and time;                  

(b)when they receive no more new prices or new values which meet the requirements concerning minimum differences, provided that                        they have previously stated the time which they will allow to elapse after receiving the last submission before they close                        the electronic auction; or                  

(c)when the previously indicated number of phases in the auction has been completed.                  

Where the contracting authorities intend to close an electronic auction in accordance with point (c) of the first subparagraph,                     possibly in combination with the arrangements laid down in point (b) thereof, the invitation to take part in the auction shall                     indicate the timetable for each phase of the auction.                  

9.After closing an electronic auction contracting authorities shall award the contract in accordance with Article 67 on the                        basis of the results of the electronic auction.                  

#### Article 36U.K.Electronic catalogues

1.Where the use of electronic means of communication is required, contracting authorities may require tenders to be presented                        in the format of an electronic catalogue or to include an electronic catalogue.                  

Member States may render the use of electronic catalogues mandatory in connection with certain types of procurement.

Tenders presented in the form of an electronic catalogue may be accompanied by other documents, completing the tender.

2.Electronic catalogues shall be established by the candidates or tenderers with a view to participating in a given procurement                        procedure in accordance with the technical specifications and format established by the contracting authority.                  

Furthermore, electronic catalogues shall comply with the requirements for electronic communication tools as well as with any                     additional requirements set by the contracting authority in accordance with Article 22.                  

3.Where the presentation of tenders in the form of electronic catalogues is accepted or required, contracting authorities shall:                  

(a)state so in the contract notice or in the invitation to confirm interest where a prior information notice is used as a means                        of calling for competition;                  

(b)indicate in the procurement documents all the necessary information pursuant to Article 22(6) concerning the format, the electronic                        equipment used and the technical connection arrangements and specifications for the catalogue.                  

4.Where a framework agreement has been concluded with more than one economic operator following the submission of tenders in                        the form of electronic catalogues, contracting authorities may provide that the reopening of competition for specific contracts                        takes place on the basis of updated catalogues. In such a case, contracting authorities shall use one of the following methods:                  

(a)invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the contract in question; or                  

(b)notify tenderers that they intend to collect from the electronic catalogues which have already been submitted the information                        needed to constitute tenders adapted to the requirements of the contract in question; provided that the use of that method                        has been announced in the procurement documents for the framework agreement.                  

5.Where contracting authorities reopen competition for specific contracts in accordance with point (b) of paragraph 4, they                        shall notify tenderers of the date and time at which they intend to collect the information needed to constitute tenders adapted                        to the requirements of the specific contract in question and shall give tenderers the possibility to refuse such collection                        of information.                  

Contracting authorities shall allow for an adequate period between the notification and the actual collection of information.

Before awarding the contract, contracting authorities shall present the collected information to the tenderer concerned so                     as to give it the opportunity to contest or confirm that the tender thus constituted does not contain any material errors.                  

6.Contracting authorities may award contracts based on a dynamic purchasing system by requiring that offers for a specific contract                        are to be presented in the format of an electronic catalogue.                  

Contracting authorities may also award contracts based on a dynamic purchasing system in accordance with point (b) of paragraph                     4 and paragraph 5 provided that the request for participation in the dynamic purchasing system is accompanied by an electronic                     catalogue in accordance with the technical specifications and format established by the contracting authority. That catalogue                     shall be completed subsequently by the candidates, when they are informed of the contracting authority’s intention to constitute                     tenders by means of the procedure set out in point (b) of paragraph 4.                  

#### Article 37U.K.Centralised purchasing activities and central purchasing bodies

1.Member States may provide that contracting authorities may acquire supplies and/or services from a central purchasing body                        offering the centralised purchasing activity referred to in point (a) of point (14) of Article 2(1).                  

Member States may also provide that contracting authorities may acquire works, supplies and services by using contracts awarded                     by a central purchasing body, by using dynamic purchasing systems operated by a central purchasing body or, to the extent                     set out in the second subparagraph of Article 33(2), by using a framework agreement concluded by a central purchasing body                     offering the centralised purchasing activity referred to in point (b) of point (14) of Article 2(1). Where a dynamic purchasing                     system which is operated by a central purchasing body may be used by other contracting authorities, this shall be mentioned                     in the call for competition setting up that dynamic purchasing system.                  

In relation to the first and second subparagraphs, Member States may provide that certain procurements are to be made by having                     recourse to central purchasing bodies or to one or more specific central purchasing bodies.                  

2.A contracting authority fulfils its obligations pursuant to this Directive when it acquires supplies or services from a central                        purchasing body offering the centralised purchasing activity referred to in point (a) of point (14) of Article 2(1).                  

Furthermore, a contracting authority also fulfils its obligations pursuant to this Directive where it acquires works, supplies                     or services by using contracts awarded by the central purchasing body, by using dynamic purchasing systems operated by the                     central purchasing body or, to the extent set out in the second subparagraph of Article 33(2), by using a framework agreement                     concluded by the central purchasing body offering the centralised purchasing activity referred to in point (b) of point (14)                     of Article 2(1).                  

However, the contracting authority concerned shall be responsible for fulfilling the obligations pursuant to this Directive                     in respect of the parts it conducts itself, such as:                  

(a)awarding a contract under a dynamic purchasing system, which is operated by a central purchasing body;                  

(b)conducting a reopening of competition under a framework agreement that has been concluded by a central purchasing body;                  

(c)pursuant to points (a) or (b) of Article 33(4), determining which of the economic operators, party to the framework agreement,                        shall perform a given task under a framework agreement that has been concluded by a central purchasing body.                  

3.All procurement procedures conducted by a central purchasing body shall be performed using electronic means of communication,                        in accordance with the requirements set out in Article 22.                  

4.Contracting authorities may, without applying the procedures provided for in this Directive, award a public service contract                        for the provision of centralised purchasing activities to a central purchasing body.                  

Such public service contracts may also include the provision of ancillary purchasing activities.

#### Article 38U.K.Occasional joint procurement

1.Two or more contracting authorities may agree to perform certain specific procurements jointly.                  

2.Where the conduct of a procurement procedure in its entirety is carried out jointly in the name and on behalf of all the contracting                        authorities concerned, they shall be jointly responsible for fulfilling their obligations pursuant to this Directive. This                        applies also in cases where one contracting authority manages the procedure, acting on its own behalf and on the behalf of                        the other contracting authorities concerned.                  

Where the conduct of a procurement procedure is not in its entirety carried out in the name and on behalf of the contracting                     authorities concerned, they shall be jointly responsible only for those parts carried out jointly. Each contracting authority                     shall have sole responsibility for fulfilling its obligations pursuant to this Directive in respect of the parts it conducts                     in its own name and on its own behalf.                  

#### Article 39U.K.Procurement involving contracting authorities from different Member States

1.Without prejudice to Article 12, contracting authorities from different Member States may act jointly in the award of public                        contracts by using one of the means provided for in this Article.                  

Contracting authorities shall not use the means provided in this Article for the purpose of avoiding the application of mandatory                     public law provisions in conformity with Union law to which they are subject in their Member State.                  

2.A Member State shall not prohibit its contracting authorities from using centralised purchasing activities offered by central                        purchasing bodies located in another Member State.                  

In respect of centralised purchasing activities offered by a central purchasing body located in another Member State than                     the contracting authority, Member States may, however, choose to specify that their contracting authorities may only use the                     centralised purchasing activities as defined in either point (a) or in point (b) of point (14) of Article 2(1).                  

3.The provision of centralised purchasing activities by a central purchasing body located in another Member State shall be conducted                        in accordance with the national provisions of the Member State where the central purchasing body is located.                  

The national provisions of the Member State where the central purchasing body is located shall also apply to the following:

(a)the award of a contract under a dynamic purchasing system;                  

(b)the conduct of a reopening of competition under a framework agreement;                  

(c)the determination pursuant to points (a) or (b) of Article 33(4) of which of the economic operators, party to the framework                        agreement, shall perform a given task.                  

4.Several contracting authorities from different Member States may jointly award a public contract, conclude a framework agreement                        or operate a dynamic purchasing system. They may also, to the extent set out in the second subparagraph of Article 33(2),                        award contracts based on the framework agreement or on the dynamic purchasing system. Unless the necessary elements have been                        regulated by an international agreement concluded between the Member States concerned, the participating contracting authorities                        shall conclude an agreement that determines:                  

(a)the responsibilities of the parties and the relevant applicable national provisions;                  

(b)the internal organisation of the procurement procedure, including the management of the procedure, the distribution of the                        works, supplies or services to be procured, and the conclusion of contracts.                  

A participating contracting authority fulfils its obligations pursuant to this Directive when it purchases works, supplies                     or services from a contracting authority which is responsible for the procurement procedure. When determining responsibilities                     and the applicable national law as referred to in point (a), the participating contracting authorities may allocate specific                     responsibilities among them and determine the applicable provisions of the national laws of any of their respective Member                     States. The allocation of responsibilities and the applicable national law shall be referred to in the procurement documents                     for jointly awarded public contracts.                  

5.Where several contracting authorities from different Member States have set up a joint entity, including European Groupings                        of territorial cooperation under Regulation (EC) No 1082/2006 of the European Parliament and of the Council(30) or other entities established under Union law, the participating contracting authorities shall, by a decision of the competent                        body of the joint entity, agree on the applicable national procurement rules of one of the following Member States:                  

(a)the national provisions of the Member State where the joint entity has its registered office;                  

(b)the national provisions of the Member State where the joint entity is carrying out its activities.                  

The agreement referred to in the first subparagraph may either apply for an undetermined period, when fixed in the constitutive                     act of the joint entity, or may be limited to a certain period of time, certain types of contracts or to one or more individual                     contract awards.                  

### *CHAPTER III*U.K.***Conduct of the procedure***

#### *Section 1*U.K.***Preparation***

##### Article 40U.K.Preliminary market consultations

Before launching a procurement procedure, contracting authorities may conduct market consultations with a view to preparing                     the procurement and informing economic operators of their procurement plans and requirements.                  

For this purpose, contracting authorities may for example seek or accept advice from independent experts or authorities or                     from market participants. That advice may be used in the planning and conduct of the procurement procedure, provided that                     such advice does not have the effect of distorting competition and does not result in a violation of the principles of non-discrimination                     and transparency.                  

##### Article 41U.K.Prior involvement of candidates or tenderers

Where a candidate or tenderer or an undertaking related to a candidate or tenderer has advised the contracting authority,                     whether in the context of Article 40 or not, or has otherwise been involved in the preparation of the procurement procedure,                     the contracting authority shall take appropriate measures to ensure that competition is not distorted by the participation                     of that candidate or tenderer.                  

Such measures shall include the communication to the other candidates and tenderers of relevant information exchanged in the                     context of or resulting from the involvement of the candidate or tenderer in the preparation of the procurement procedure                     and the fixing of adequate time limits for the receipt of tenders. The candidate or tenderer concerned shall only be excluded                     from the procedure where there are no other means to ensure compliance with the duty to observe the principle of equal treatment.                  

Prior to any such exclusion, candidates or tenderers shall be given the opportunity to prove that their involvement in preparing                     the procurement procedure is not capable of distorting competition. The measures taken shall be documented in the individual                     report required by Article 84.                  

##### Article 42U.K.Technical specifications

1.The technical specifications as defined in point 1 of Annex VII shall be set out in the procurement documents. The technical                        specification shall lay down the characteristics required of a works, service or supply.                  

Those characteristics may also refer to the specific process or method of production or provision of the requested works,                     supplies or services or to a specific process for another stage of its life cycle even where such factors do not form part                     of their material substance provided that they are linked to the subject-matter of the contract and proportionate to its value                     and its objectives.                  

The technical specifications may also specify whether the transfer of intellectual property rights will be required.

For all procurement which is intended for use by natural persons, whether general public or staff of the contracting authority,                     the technical specifications shall, except in duly justified cases, be drawn up so as to take into account accessibility criteria                     for persons with disabilities or design for all users.                  

Where mandatory accessibility requirements are adopted by a legal act of the Union, technical specifications shall, as far                     as accessibility criteria for persons with disabilities or design for all users are concerned, be defined by reference thereto.                  

2.Technical specifications shall afford equal access of economic operators to the procurement procedure and shall not have the                        effect of creating unjustified obstacles to the opening up of public procurement to competition.                  

3.Without prejudice to mandatory national technical rules, to the extent that they are compatible with Union law, the technical                        specifications shall be formulated in one of the following ways:                  

(a)in terms of performance or functional requirements, including environmental characteristics, provided that the parameters                        are sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting authorities                        to award the contract;                  

(b)by reference to technical specifications and, in order of preference, to national standards transposing European standards,                        European Technical Assessments, common technical specifications, international standards, other technical reference systems                        established by the European standardisation bodies or - when any of those do not exist - national standards, national technical                        approvals or national technical specifications relating to the design, calculation and execution of the works and use of the                        supplies; each reference shall be accompanied by the words ‘or equivalent’;                  

(c)in terms of performance or functional requirements as referred to in point (a), with reference to the technical specifications                        referred to in point (b) as a means of presuming conformity with such performance or functional requirements;                  

(d)by reference to the technical specifications referred to in point (b) for certain characteristics, and by reference to the                        performance or functional requirements referred to in point (a) for other characteristics.                  

4.Unless justified by the subject-matter of the contract, technical specifications shall not refer to a specific make or source,                        or a particular process which characterises the products or services provided by a specific economic operator, or to trade                        marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain undertakings                        or certain products. Such reference shall be permitted on an exceptional basis, where a sufficiently precise and intelligible                        description of the subject-matter of the contract pursuant to paragraph 3 is not possible. Such reference shall be accompanied                        by the words ‘or equivalent’.                  

5.Where a contracting authority uses the option of referring to the technical specifications referred to in point (b) of paragraph                        3, it shall not reject a tender on the grounds that the works, supplies or services tendered for do not comply with the technical                        specifications to which it has referred, once the tenderer proves in its tender by any appropriate means, including the means                        of proof referred to in Article 44, that the solutions proposed satisfy in an equivalent manner the requirements defined by                        the technical specifications.                  

6.Where a contracting authority uses the option laid down in point (a) of paragraph 3 to formulate technical specifications                        in terms of performance or functional requirements, it shall not reject a tender for works, supplies or services which comply                        with a national standard transposing a European standard, a European technical approval, a common technical specification,                        an international standard or a technical reference system established by a European standardisation body, where those specifications                        address the performance or functional requirements which it has laid down.                  

In its tender, the tenderer shall prove by any appropriate means, including those referred to in Article 44, that the work,                     supply or service in compliance with the standard meets the performance or functional requirements of the contracting authority.                  

##### Article 43U.K.Labels

1.Where contracting authorities intend to purchase works, supplies or services with specific environmental, social or other                        characteristics they may, in the technical specifications, the award criteria or the contract performance conditions, require                        a specific label as means of proof that the works, services or supplies correspond to the required characteristics, provided                        that all of the following conditions are fulfilled:                  

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

(b)the label requirements are based on objectively verifiable and non-discriminatory criteria;                  

(c)the labels are established in an open and transparent procedure in which all relevant stakeholders, including government bodies,                        consumers, social partners, manufacturers, distributors and non-governmental organisations, may participate;                  

(d)the labels are accessible to all interested parties;                  

(e)the label requirements are set by a third party over which the economic operator applying for the label cannot exercise a                        decisive influence.                  

Where contracting authorities do not require the works, supplies or services to meet all of the label requirements, they shall                     indicate which label requirements are referred to.                  

Contracting authorities requiring a specific label shall accept all labels that confirm that the works, supplies or services                     meet equivalent label requirements.                  

Where an economic operator had demonstrably no possibility of obtaining the specific label indicated by the contracting authority                     or an equivalent label within the relevant time limits for reasons that are not attributable to that economic operator, the                     contracting authority shall accept other appropriate means of proof, which may include a technical dossier from the manufacturer,                     provided that the economic operator concerned proves that the works, supplies or services to be provided by it fulfil the                     requirements of the specific label or the specific requirements indicated by the contracting authority.                  

2.Where a label fulfils the conditions provided in points (b), (c), (d) and (e) of paragraph 1 but also sets out requirements                        not linked to the subject-matter of the contract, contracting authorities shall not require the label as such but may define                        the technical specification by reference to those of the detailed specifications of that label, or, where necessary, parts                        thereof, that are linked to the subject-matter of the contract and are appropriate to define characteristics of this subject-matter.                  

##### Article 44U.K.Test reports, certification and other means of proof

1.Contracting authorities may require that economic operators provide a test report from a conformity assessment body or a certificate                        issued by such a body as means of proof of conformity with requirements or criteria set out in the technical specifications,                        the award criteria or the contract performance conditions.                  

Where contracting authorities require the submission of certificates drawn up by a specific conformity assessment body, certificates                     from equivalent other conformity assessment bodies shall also be accepted by the contracting authorities.                  

For the purpose of this paragraph, a conformity assessment body shall be a body that performs conformity assessment activities                     including calibration, testing, certification and inspection accredited in accordance with Regulation (EC) No 765/2008 of                     the European Parliament and of the Council(31).                  

2.Contracting authorities shall accept other appropriate means of proof than those referred to in paragraph 1, such as a technical                        dossier of the manufacturer where the economic operator concerned had no access to the certificates or test reports referred                        to in paragraph 1, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is                        not attributable to the economic operator concerned and provided that the economic operator concerned thereby proves that                        the works, supplies or services provided by it meet the requirements or criteria set out in the technical specifications,                        the award criteria or the contract performance conditions.                  

3.Member States shall make available to other Member States, upon request, any information related to the evidence and documents                        submitted in accordance with Article 42(6), Article 43 and paragraphs 1 and 2 of this Article. The competent authorities of                        the Member State of establishment of the economic operator shall provide this information in accordance with Article 86.                  

##### Article 45U.K.Variants

1.Contracting authorities may authorise or require 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 or require variants. Variants shall not be authorised without such indication. Variants shall                        be linked to the subject-matter of the contract.                  

2.Contracting authorities authorising or requiring variants shall state in the procurement documents the minimum requirements                        to be met by the variants and any specific requirements for their presentation, in particular whether variants may be submitted                        only where a tender, which is not a variant, has also been submitted. They shall also ensure that the chosen award criteria                        can be applied to variants meeting those minimum requirements as well as to conforming tenders which are not variants.                  

3.Only variants meeting the minimum requirements laid down by the contracting authorities shall be taken into consideration.                  

In procedures for awarding public supply or service contracts, contracting authorities that have authorised or required 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.                  

##### Article 46U.K.Division of contracts into lots

1.Contracting authorities may decide to award a contract in the form of separate lots and may determine the size and subject-matter                        of such lots.                  

Contracting authorities shall, except in respect of contracts whose division has been made mandatory pursuant to paragraph                     4 of this Article, provide an indication of the main reasons for their decision not to subdivide into lots, which shall be                     included in the procurement documents or the individual report referred to in Article 84.                  

2.Contracting authorities shall indicate, in the contract notice or in the invitation to confirm interest, whether tenders may                        be submitted for one, for several or for all of the lots.                  

Contracting authorities may, even where tenders may be submitted for several or all lots, limit the number of lots that may                     be awarded to one tenderer, provided that the maximum number of lots per tenderer is stated in the contract notice or in the                     invitation to confirm interest. Contracting authorities shall indicate in the procurement documents the objective and non-discriminatory                     criteria or rules they intend to apply for determining which lots will be awarded where the application of the award criteria                     would result in one tenderer being awarded more lots than the maximum number.                  

3.Member States may provide that, where more than one lot may be awarded to the same tenderer, contracting authorities may award                        contracts combining several or all lots where they have specified in the contract notice or in the invitation to confirm interest                        that they reserve the possibility of doing so and indicate the lots or groups of lots that may be combined.                  

4.Member States may implement the second subparagraph of paragraph 1 by rendering it obligatory to award contracts in the form                        of separate lots under conditions to be specified in accordance with their national law and having regard for Union law. In                        such circumstances the first subparagraph of paragraph 2 and, where appropriate, paragraph 3 shall apply.                  

##### Article 47U.K.Setting time limits

1.When fixing the time limits for the receipt of tenders and requests to participate, contracting authorities shall take account                        of the complexity of the contract and the time required for drawing up tenders, without prejudice to the minimum time limits                        set out in Articles 27 to 31.                  

2.Where tenders can be made only after a visit to the site or after on-the-spot inspection of the documents supporting the procurement                        documents, the time limits for the receipt of tenders, which shall be longer than the minimum time limits set out in Articles                        27 to 31, shall be fixed so that all economic operators concerned may be aware of all the information needed to produce tenders.                  

3.Contracting authorities shall extend the time limits for the receipt of tenders so that all economic operators concerned may                        be aware of all the information needed to produce tenders in the following cases:                  

(a)where, for whatever reason, additional information, although requested by the economic operator in good time, is not supplied                        at the latest six days before the time limit fixed for the receipt of tenders. In the event of an accelerated procedure as                        referred to in Article 27(3) and Article 28(6), that period shall be four days;                  

(b)where significant changes are made to the procurement documents.                  

The length of the extension shall be proportionate to the importance of the information or change.

Where the additional information has either not been requested in good time or its importance with a view to preparing responsive                     tenders is insignificant, contracting authorities shall not be required to extend the time limits.                  

#### *Section 2*U.K.***Publication and transparency***

##### Article 48U.K.Prior information notices

1.Contracting authorities may make known their intentions of planned procurements through the publication of a prior information                        notice. Those notices shall contain the information set out in Annex V part B section I. They shall be published either by                        the Publications Office of the European Union or by the contracting authorities on their buyer profiles in accordance with                        point 2(b) of Annex VIII. Where the prior information notice is published by the contracting authorities on their buyer profile,                        they shall send a notice of the publication on their buyer profile to the Publications Office of the European Union in accordance                        with Annex VIII. Those notices shall contain the information set out in Annex V part A.                  

2.For restricted procedures and competitive procedures with negotiation, sub-central contracting authorities may use a prior                        information notice as a call for competition pursuant to Article 26(5), provided that the notice fulfils all of the following                        conditions:                  

(a)it refers specifically to the supplies, works or services that will be the subject of the contract to be awarded;                  

(b)it indicates that the contract will be awarded by restricted procedure or competitive procedure with negotiation without further                        publication of a call for competition and invites interested economic operators to express their interest;                  

(c)it contains, in addition to the information set out in Annex V part B section I, the information set out in Annex V part B                        section II;                  

(d)it has been sent for publication between 35 days and 12 months prior to the date on which the invitation referred to in Article                        54(1) is sent.                  

Such notices shall not be published on a buyer profile. However, the additional publication at national level pursuant to                     Article 52, if any, may be made on a buyer profile.                  

The period covered by the prior information notice shall be a maximum of 12 months from the date the notice is transmitted                     for publication. However, in the case of public contracts for social and other specific services, the prior information notice                     referred to in point (b) of Article 75(1) may cover a period which is longer than 12 months.                  

##### Article 49U.K.Contract notices

Contract notices shall be used as a means of calling for competition in respect of all procedures, without prejudice to the                     second subparagraph of Article 26(5) and Article 32. Contract notices shall contain the information set out in Annex V part                     C and shall be published in accordance with Article 51.                  

##### Article 50U.K.Contract award notices

1.Not later than 30 days after the conclusion of a contract or of a framework agreement, following the decision to award or                        conclude it, contracting authorities shall send a contract award notice on the results of the procurement procedure.                  

Such notices shall contain the information set out in Annex V part D and shall be published in accordance with Article 51.

2.Where the call for competition for the contract concerned has been made in the form of a prior information notice and the                        contracting authority has decided that it will not award further contracts during the period covered by the prior information                        notice, the contract award notice shall contain a specific indication to that effect.                  

In the case of framework agreements concluded in accordance with Article 33, contracting authorities shall not be bound to                     send a notice of the results of the procurement procedure for each contract based on that agreement. Member States may provide                     that contracting authorities shall group notices of the results of the procurement procedure for contracts based on the framework                     agreement on a quarterly basis. In that case, contracting authorities shall send the grouped notices within 30 days of the                     end of each quarter.                  

3.Contracting authorities shall send a contract award notice within 30 days after the award of each contract based on a dynamic                        purchasing system. They may, however, group such notices on a quarterly basis. In that case, they shall send the grouped notices                        within 30 days of the end of each quarter.                  

4.Certain information on the contract award or the conclusion of the framework agreement may be withheld from publication where                        its release would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial                        interests of a particular economic operator, public or private, or might prejudice fair competition between economic operators.                  

##### Article 51U.K.Form and manner of publication of notices

1.Notices referred to in Articles 48, 49 and 50 shall include the information set out in Annex V in the format of standard forms,                        including standard forms for corrigenda.                  

The Commission shall establish those standard forms by means of implementing acts. Those implementing acts shall be adopted                     in accordance with the advisory procedure referred to in Article 89(2).                  

2.Notices referred to in Articles 48, 49 and 50 shall be drawn up, transmitted by electronic means to the Publications Office                        of the European Union and published in accordance with Annex VIII. Notices shall be published not later than five days after                        they are sent. The costs of publication of the notices by the Publications Office of the European Union shall be borne by                        the Union.                  

3.Notices referred to in Articles 48, 49 and 50 shall be published in full in the official language(s) of the institutions of                        the Union chosen by the contracting authority. That language version or those language versions shall constitute the sole                        authentic text(s). A summary of the important elements of each notice shall be published in the other official languages of                        the institutions of the Union.                  

4.The Publications Office of the European Union shall ensure that the full text and the summary of prior information notices                        referred to in Article 48(2) and calls for competition setting up a dynamic purchasing system, as referred to in point (a)                        of Article 34(4) continue to be published:                  

(a)in the case of prior information notices, for 12 months or until receipt of a contract award notice as provided for in Article                        50 indicating that no further contracts will be awarded during the 12-month period covered by the call for competition. However,                        in the case of public contracts for social and other specific services, the prior information notice referred to in point                        (b) of Article 75(1) shall continue to be published until the end of its originally indicated period of validity or until                        receipt of a contract award notice as provided for in Article 50 indicating that no further contracts will be awarded during                        the period covered by the call for competition;                  

(b)in the case of calls for competition setting up a dynamic purchasing system, for the period of validity of the dynamic purchasing                        system.                  

5.Contracting authorities shall be able to supply proof of the dates on which notices are dispatched.                  

The Publications Office of the European Union shall give the contracting authority confirmation of the receipt of the notice                     and of the publication of the information sent, indicating the date of that publication. Such confirmation shall constitute                     proof of publication.                  

6.Contracting authorities may publish notices for public contracts that are not subject to the publication requirement laid                        down in this Directive provided that those notices are sent to the Publications Office of the European Union by electronic                        means in accordance with the format and procedures for transmission indicated in Annex VIII.                  

##### Article 52U.K.Publication at national level

1.Notices referred to in Articles 48, 49 and 50 and the information contained therein shall not be published at national level                        before the publication pursuant to Article 51. However, publication may in any event take place at the national level where                        contracting authorities have not been notified of the publication within 48 hours after confirmation of the receipt of the                        notice in accordance with Article 51.                  

2.Notices published at national level shall not contain information other than that contained in the notices dispatched to the                        Publications Office of the European Union or published on a buyer profile, but shall indicate the date of dispatch of the                        notice to the Publications Office of the European Union or its publication on the buyer profile.                  

3.Prior information notices shall not be published on a buyer profile before the dispatch to the Publications Office of the                        European Union of the notice of their publication in that form. They shall indicate the date of that dispatch.                  

##### Article 53U.K.Electronic availability of procurement documents

1.Contracting authorities shall by electronic means offer unrestricted and full direct access free of charge to the procurement                        documents from the date of publication of a notice in accordance with Article 51 or the date on which an invitation to confirm                        interest was sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which                        the procurement documents are accessible.                  

Where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered                     for one of the reasons set out in the second subparagraph of Article 22(1), contracting authorities may indicate in the notice                     or the invitation to confirm interest that the procurement documents concerned will be transmitted by other means than electronic                     means in accordance with paragraph 2 of this Article. In such a case, the time limit for the submission of tenders shall be                     prolonged by five days, except in the cases of duly substantiated urgency referred to in Article 27(3), Article 28(6) and                     in the fourth subparagraph of Article 29(1).                  

Where unrestricted and full direct access free of charge by electronic means to certain procurement documents cannot be offered                     because contracting authorities intend to apply Article 21(2) of this Directive, they shall indicate in the notice or the                     invitation to confirm interest which measures aimed at protecting the confidential nature of the information they require                     and how access can be obtained to the documents concerned. In such case, the time limit for the submission of tenders shall                     be prolonged by five days, except in the cases of duly substantiated urgency referred to in Article 27(3), Article 28(6) and                     in the fourth subparagraph of Article 29(1).                  

2.Provided that it has been requested in good time, the contracting authorities shall supply to all tenderers taking part in                        the procurement procedure additional information relating to the specifications and any supporting documents not later than                        six days before the time limit fixed for the receipt of tenders. In the event of an accelerated procedure as referred to in                        Article 27(3) and Article 28(6), that period shall be four days.                  

##### Article 54U.K.Invitations to candidates

1.In restricted procedures, competitive dialogue procedures, innovation partnerships and competitive procedures with negotiation,                        contracting authorities shall simultaneously and in writing invite the selected candidates to submit their tenders or, in                        the case of a competitive dialogue, to take part in the dialogue.                  

Where a prior information notice is used as a call for competition pursuant to Article 48(2), contracting authorities shall                     simultaneously and in writing invite the economic operators which have expressed their interest to confirm their continuing                     interest.                  

2.The invitations referred to in paragraph 1 of this Article shall include a reference to the electronic address on which the                        procurement documents have been made directly available by electronic means. The invitations shall be accompanied by the procurement                        documents, where those documents have not been the subject of unrestricted and full direct access, free of charge, for the                        reasons set out in the second or third subparagraph of Article 53(1) and have not already been made otherwise available. In                        addition, the invitations referred to in paragraph 1 of this Article shall include the information set out in Annex IX.                  

##### Article 55U.K.Informing candidates and tenderers

1.Contracting authorities shall as soon as possible inform each candidate and tenderer of decisions reached concerning the conclusion                        of a framework agreement, the award of the contract or admittance to a dynamic purchasing system, including the grounds for                        any decision not to conclude a framework agreement, not to award a contract for which there has been a call for competition,                        to recommence the procedure or not to implement a dynamic purchasing system.                  

2.On request from the candidate or tenderer concerned, the contracting authority shall as quickly as possible, and in any event                        within 15 days from receipt of a written request, inform:                  

(a)any unsuccessful candidate of the reasons for the rejection of its request to participate,                  

(b)any unsuccessful tenderer of the reasons for the rejection of its tender, including, for the cases referred to in Article                        42(5) and (6), the reasons for its decision of non-equivalence or its decision that the works, supplies or services do not                        meet the performance or functional requirements,                  

(c)any tenderer that has made an admissible tender of the characteristics and relative advantages of the tender selected as well                        as the name of the successful tenderer or the parties to the framework agreement,                  

(d)any tenderer that has made an admissible tender of the conduct and progress of negotiations and dialogue with tenderers.                  

3.Contracting authorities may decide to withhold certain information referred to in paragraphs 1 and 2, regarding the contract                        award, the conclusion of framework agreements or admittance to a dynamic purchasing system, where the release of such information                        would impede law enforcement or would otherwise be contrary to the public interest, would prejudice the legitimate commercial                        interests of a particular economic operator, whether public or private, or might prejudice fair competition between economic                        operators.                  

#### *Section 3*U.K.***Choice of participants and award of contracts***

##### Article 56U.K.General principles

1.Contracts shall be awarded on the basis of criteria laid down in accordance with Articles 67 to 69, provided that the contracting                        authority has verified in accordance with Articles 59 to 61 that all of the following conditions are fulfilled:                  

(a)the tender complies with the requirements, conditions and criteria set out in the contract notice or the invitation to confirm                        interest and in the procurement documents, taking into account, where applicable, Article 45;                  

(b)the tender comes from a tenderer that is not excluded in accordance with Article 57 and that meets the selection criteria                        set out by the contracting authority in accordance with Article 58 and, where applicable, the non-discriminatory rules and                        criteria referred to in Article 65.                  

Contracting authorities may decide not to award a contract to the tenderer submitting the most economically advantageous tender                     where they have established that the tender does not comply with the applicable obligations referred to in Article 18(2).                  

2.In open procedures, contracting authorities may decide to examine tenders before verifying the absence of grounds for exclusion                        and the fulfilment of the selection criteria in accordance with Articles 57 to 64. Where they make use of that possibility,                        they shall ensure that the verification of absence of grounds for exclusion and of fulfilment of the selection criteria is                        carried out in an impartial and transparent manner so that no contract is awarded to a tenderer that should have been excluded                        pursuant to Article 57 or that does not meet the selection criteria set out by the contracting authority.                  

Member States may exclude the use of the procedure in the first subparagraph for, or restrict it to, certain types of procurement                     or specific circumstances.                  

3.Where information or documentation to be submitted by economic operators is or appears to be incomplete or erroneous or where                        specific documents are missing, contracting authorities may, unless otherwise provided by the national law implementing this                        Directive, request the economic operators concerned to submit, supplement, clarify or complete the relevant information or                        documentation within an appropriate time limit, provided that such requests are made in full compliance with the principles                        of equal treatment and transparency.                  

4.The Commission shall be empowered to adopt delegated acts in accordance with Article 87 to amend the list in Annex X, where                        necessary, to add new international agreements that have been ratified by all Member States or where the existing international                        agreements referred to are no longer ratified by all Member States or they are otherwise changed, for instance in respect                        of their scope, content or denomination.                  

##### *Subsection 1*U.K.***Criteria for qualitative selection***

###### Article 57U.K.Exclusion grounds

1.Contracting authorities shall exclude an economic operator from participation in a procurement procedure where they have established,                        by verifying in accordance with Articles 59, 60 and 61, or are otherwise aware that that economic operator has been the subject                        of a conviction by final judgment for one of the following reasons:                  

(a)participation in a criminal organisation, as defined in Article 2 of Council Framework Decision 2008/841/JHA(32);                  

(b)corruption, as defined in Article 3 of the Convention on the fight against corruption involving officials of the European                        Communities or officials of Member States of the European Union(33) and Article 2(1) of Council Framework Decision 2003/568/JHA(34) as well as corruption as defined in the national law of the contracting authority or the economic operator;                  

(c)fraud within the meaning of Article 1 of the Convention on the protection of the European Communities’ financial interests(35);                  

(d)terrorist offences or offences linked to terrorist activities, as defined in Articles 1 and 3 of Council Framework Decision                        2002/475/JHA(36) respectively, or inciting or aiding or abetting or attempting to commit an offence, as referred to in Article 4 of that Framework                        Decision;                  

(e)money laundering or terrorist financing, as defined in Article 1 of Directive 2005/60/EC of the European Parliament and of                        the Council(37);                  

(f)child labour and other forms of trafficking in human beings as defined in Article 2 of Directive 2011/36/EU of the European                        Parliament and of the Council(38).                  

The obligation to exclude an economic operator shall also apply where the person convicted by final judgment is a member of                     the administrative, management or supervisory body of that economic operator or has powers of representation, decision or                     control therein.                  

2.An economic operator shall be excluded from participation in a procurement procedure where the contracting authority is aware                        that the economic operator is in breach of its obligations relating to the payment of taxes or social security contributions                        and where this has been established by a judicial or administrative decision having final and binding effect in accordance                        with the legal provisions of the country in which it is established or with those of the Member State of the contracting authority.                  

Furthermore, contracting authorities may exclude or may be required by Member States to exclude from participation in a procurement                     procedure an economic operator where the contracting authority can demonstrate by any appropriate means that the economic                     operator is in breach of its obligations relating to the payment of taxes or social security contributions.                  

This paragraph shall no longer apply when the economic operator has fulfilled its obligations by paying or entering into a                     binding arrangement with a view to paying the taxes or social security contributions due, including, where applicable, any                     interest accrued or fines.                  

3.Member States may provide for a derogation from the mandatory exclusion provided for in paragraphs 1 and 2, on an exceptional                        basis, for overriding reasons relating to the public interest such as public health or protection of the environment.                  

Member States may also provide for a derogation from the mandatory exclusion provided in paragraph 2, where an exclusion would                     be clearly disproportionate, in particular where only minor amounts of taxes or social security contributions are unpaid or                     where the economic operator was informed of the exact amount due following its breach of its obligations relating to the payment                     of taxes or social security contributions at such time that it did not have the possibility of taking measures as provided                     for in the third subparagraph of paragraph 2 before expiration of the deadline for requesting participation or, in open procedures,                     the deadline for submitting its tender.                  

4.Contracting authorities may exclude or may be required by Member States to exclude from participation in a procurement procedure                        any economic operator in any of the following situations:                  

(a)where the contracting authority can demonstrate by any appropriate means a violation of applicable obligations referred to                        in Article 18(2);                  

(b)where the economic operator is bankrupt or is the subject of insolvency or winding-up proceedings, where its assets are being                        administered by a liquidator or by the court, where it is in an arrangement with creditors, where its business activities                        are suspended or it is in any analogous situation arising from a similar procedure under national laws and regulations;                  

(c)where the contracting authority can demonstrate by appropriate means that the economic operator is guilty of grave professional                        misconduct, which renders its integrity questionable;                  

(d)where the contracting authority has sufficiently plausible indications to conclude that the economic operator has entered                        into agreements with other economic operators aimed at distorting competition;                  

(e)where a conflict of interest within the meaning of Article 24 cannot be effectively remedied by other less intrusive measures;                  

(f)where a distortion of competition from the prior involvement of the economic operators in the preparation of the procurement                        procedure, as referred to in Article 41, cannot be remedied by other, less intrusive measures;                  

(g)where the economic operator has shown significant or persistent deficiencies in the performance of a substantive requirement                        under a prior public contract, a prior contract with a contracting entity or a prior concession contract which led to early                        termination of that prior contract, damages or other comparable sanctions;                  

(h)where the economic operator has been guilty of serious misrepresentation in supplying the information required for the verification                        of the absence of grounds for exclusion or the fulfilment of the selection criteria, has withheld such information or is not                        able to submit the supporting documents required pursuant to Article 59; or                  

(i)where the economic operator has undertaken to unduly influence the decision-making process of the contracting authority, to                        obtain confidential information that may confer upon it undue advantages in the procurement procedure or to negligently provide                        misleading information that may have a material influence on decisions concerning exclusion, selection or award.                  

Notwithstanding point (b) of the first subparagraph, Member States may require or may provide for the possibility that the                     contracting authority does not exclude an economic operator which is in one of the situations referred to in that point, where                     the contracting authority has established that the economic operator in question will be able to perform the contract, taking                     into account the applicable national rules and measures on the continuation of business in the case of the situations referred                     to in point (b).                  

5.Contracting authorities shall at any time during the procedure exclude an economic operator where it turns out that the economic                        operator is, in view of acts committed or omitted either before or during the procedure, in one of the situations referred                        to in paragraphs 1 and 2.                  

At any time during the procedure, contracting authorities may exclude or may be required by Member States to exclude an economic                     operator where it turns out that the economic operator is, in view of acts committed or omitted either before or during the                     procedure, in one of the situations referred to in paragraph 4.                  

6.Any economic operator that is in one of the situations referred to in paragraphs 1 and 4 may provide evidence to the effect                        that measures taken by the economic operator are sufficient to demonstrate its reliability despite the existence of a relevant                        ground for exclusion. If such evidence is considered as sufficient, the economic operator concerned shall not be excluded                        from the procurement procedure.                  

For this purpose, the economic operator shall prove that it has paid or undertaken to pay compensation in respect of any damage                     caused by the criminal offence or misconduct, clarified the facts and circumstances in a comprehensive manner by actively                     collaborating with the investigating authorities and taken concrete technical, organisational and personnel measures that                     are appropriate to prevent further criminal offences or misconduct.                  

The measures taken by the economic operators shall be evaluated taking into account the gravity and particular circumstances                     of the criminal offence or misconduct. Where the measures are considered to be insufficient, the economic operator shall receive                     a statement of the reasons for that decision.                  

An economic operator which has been excluded by final judgment from participating in procurement or concession award procedures                     shall not be entitled to make use of the possibility provided for under this paragraph during the period of exclusion resulting                     from that judgment in the Member States where the judgment is effective.                  

7.By law, regulation or administrative provision and having regard to Union law, Member States shall specify the implementing                        conditions for this Article. They shall, in particular, determine the maximum period of exclusion if no measures as specified                        in paragraph 6 are taken by the economic operator to demonstrate its reliability. Where the period of exclusion has not been                        set by final judgment, that period shall not exceed five years from the date of the conviction by final judgment in the cases                        referred to in paragraph 1 and three years from the date of the relevant event in the cases referred to in paragraph 4.                  

###### Article 58U.K.Selection criteria

1.Selection criteria may relate to:                  

(a)suitability to pursue the professional activity;                  

(b)economic and financial standing;                  

(c)technical and professional ability.                  

Contracting authorities may only impose criteria referred to in paragraphs 2, 3 and 4 on economic operators as requirements                     for participation. They shall limit any requirements to those that are appropriate to ensure that a candidate or tenderer                     has the legal and financial capacities and the technical and professional abilities to perform the contract to be awarded.                     All requirements shall be related and proportionate to the subject-matter of the contract.                  

2.With regard to suitability to pursue the professional activity, contracting authorities may require economic operators to                        be enrolled in one of the professional or trade registers kept in their Member State of establishment, as described in Annex                        XI, or to comply with any other request set out in that Annex.                  

In procurement procedures for services, in so far as economic operators have to possess a particular authorisation or to be                     members of a particular organisation in order to be able to perform in their country of origin the service concerned, the                     contracting authority may require them to prove that they hold such authorisation or membership.                  

3.With regard to economic and financial standing, contracting authorities may impose requirements ensuring that economic operators                        possess the necessary economic and financial capacity to perform the contract. For that purpose, contracting authorities may                        require, in particular, that economic operators have a certain minimum yearly turnover, including a certain minimum turnover                        in the area covered by the contract. In addition, contracting authorities may require that economic operators provide information                        on their annual accounts showing the ratios, for instance, between assets and liabilities. They may also require an appropriate                        level of professional risk indemnity insurance.                  

The minimum yearly turnover that economic operators are required to have shall not exceed two times the estimated contract                     value, except in duly justified cases such as relating to the special risks attached to the nature of the works, services                     or supplies. The contracting authority shall indicate the main reasons for such a requirement in the procurement documents                     or the individual report referred to in Article 84.                  

The ratio, for instance, between assets and liabilities may be taken into consideration where the contracting authority specifies                     the methods and criteria for such consideration in the procurement documents. Such methods and criteria shall be transparent,                     objective and non-discriminatory.                  

Where a contract is divided into lots this Article shall apply in relation to each individual lot. However, the contracting                     authority may set the minimum yearly turnover that economic operators are required to have by reference to groups of lots                     in the event that the successful tenderer is awarded several lots to be executed at the same time.                  

Where contracts based on a framework agreement are to be awarded following a reopening of competition, the maximum yearly                     turnover requirement referred to in the second subparagraph of this paragraph shall be calculated on the basis of the expected                     maximum size of specific contracts that will be performed at the same time, or, where it is not known, on the basis of the                     estimated value of the framework agreement. In the case of dynamic purchasing systems, the maximum yearly turnover requirement                     referred to in the second subparagraph shall be calculated on the basis of the expected maximum size of specific contracts                     to be awarded under that system.                  

4.With regard to technical and professional ability, contracting authorities may impose requirements ensuring that economic                        operators possess the necessary human and technical resources and experience to perform the contract to an appropriate quality                        standard.                  

Contracting authorities may require, in particular, that economic operators have a sufficient level of experience demonstrated                     by suitable references from contracts performed in the past. A contracting authority may assume that an economic operator                     does not possess the required professional abilities where the contracting authority has established that the economic operator                     has conflicting interests which may negatively affect the performance of the contract.                  

In procurement procedures for supplies requiring siting or installation work, services or works, the professional ability                     of economic operators to provide the service or to execute the installation or the work may be evaluated with regard to their                     skills, efficiency, experience and reliability.                  

5.Contracting authorities shall indicate the required conditions of participation which may be expressed as minimum levels of                        ability, together with the appropriate means of proof, in the contract notice or in the invitation to confirm interest.                  

###### Article 59U.K.European Single Procurement Document

1.At the time of submission of requests to participate or of tenders, contracting authorities shall accept the European Single                        Procurement Document (ESPD), consisting of an updated self-declaration as preliminary evidence in replacement of certificates                        issued by public authorities or third parties confirming that the relevant economic operator fulfils the following conditions:                  

(a)it is not in one of the situations referred to in Article 57 in which economic operators shall or may be excluded;                  

(b)it meets the relevant selection criteria that have been set out pursuant to Article 58;                  

(c)where applicable, it fulfils the objective rules and criteria that have been set out pursuant to Article 65.                  

Where the economic operator relies on the capacities of other entities pursuant to Article 63, the ESPD shall also contain                     the information referred to in the first subparagraph of this paragraph in respect of such entities.                  

The ESPD shall consist of a formal statement by the economic operator that the relevant ground for exclusion does not apply                     and/or that the relevant selection criterion is fulfilled and shall provide the relevant information as required by the contracting                     authority. The ESPD shall further identify the public authority or third party responsible for establishing the supporting                     documents and contain a formal statement to the effect that the economic operator will be able, upon request and without delay,                     to provide those supporting documents.                  

Where the contracting authority can obtain the supporting documents directly by accessing a database pursuant to paragraph                     5, the EPSD shall also contain the information required for this purpose, such as the internet address of the database, any                     identification data and, where applicable, the necessary declaration of consent.                  

Economic operators may reuse an ESPD which has already been used in a previous procurement procedure, provided that they confirm                     that the information contained therein continues to be correct.                  

2.The ESPD shall be drawn up on the basis of a standard form. The Commission shall establish that standard form, by means of                        implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article                        89(3).                  

The ESPD shall be provided exclusively in electronic form.

3.Notwithstanding Article 92, the Commission shall review the practical application of the ESPD taking into account the technical                        development of databases in the Member States and report thereon to the European Parliament and the Council by 18 April 2017.                  

Where appropriate, the Commission shall make proposals for solutions optimising the cross-border access to such databases                     and the use of certificates and attestations in the internal market.                  

4.A contracting authority may ask tenderers and candidates at any moment during the procedure to submit all or part of the supporting                        documents where this is necessary to ensure the proper conduct of the procedure.                  

Before awarding the contract, the contracting authority shall, except in respect of contracts based on framework agreements                     where such contracts are concluded in accordance with Article 33(3) or point (a) of Article 33(4), require the tenderer to                     which it has decided to award the contract to submit up-to-date supporting documents in accordance with Article 60 and, where                     appropriate, Article 62. The contracting authority may invite economic operators to supplement or clarify the certificates                     received pursuant to Articles 60 and 62.                  

5.Notwithstanding paragraph 4, economic operators shall not be required to submit supporting documents or other documentary                        evidence where and in so far as the contracting authority has the possibility of obtaining the certificates or the relevant                        information directly by accessing a national database in any Member State that is available free of charge, such as a national                        procurement register, a virtual company dossier, an electronic document storage system or a prequalification system.                  

Notwithstanding paragraph 4, economic operators shall not be required to submit supporting documents where the contracting                     authority having awarded the contract or concluded the framework agreement already possesses these documents.                  

For the purpose of the first subparagraph, Member States shall ensure that databases which contain relevant information on                     economic operators and which may be consulted by their contracting authorities may also be consulted, under the same conditions,                     by contracting authorities of other Member States.                  

6.Member States shall make available and up-to-date in e-Certis a complete list of databases containing relevant information                        on economic operators which can be consulted by contracting authorities from other Member States. Upon request, Member States                        shall communicate to other Member States any information related to the databases referred to in this Article.                  

###### Article 60U.K.Means of proof

1.Contracting authorities may require the certificates, statements and other means of proof referred to in paragraphs 2, 3 and                        4 of this Article and Annex XII as evidence for the absence of grounds for exclusion as referred to in Article 57 and for                        the fulfilment of the selection criteria in accordance with Article 58.                  

Contracting authorities shall not require means of proof other than those referred to in this Article and in Article 62. In                     respect of Article 63, economic operators may rely on any appropriate means to prove to the contracting authority that they                     will have the necessary resources at their disposal.                  

2.Contracting authorities shall accept the following as sufficient evidence that none of the cases specified in Article 57 apply                        to the economic operator:                  

(a)as regards paragraph 1 of that Article, the production of an extract from the relevant register, such as judicial records                        or, failing that, of an equivalent document issued by a competent judicial or administrative authority in the Member State                        or country of origin or the country where the economic operator is established showing that those requirements have been met;                  

(b)as regards paragraph 2 and point (b) of paragraph 4 of that Article, a certificate issued by the competent authority in the                        Member State or country concerned.                  

Where the Member State or country in question does not issue such documents or certificates, or where these do not cover all                     the cases specified in paragraphs 1 and 2 and point (b) of paragraph 4 of Article 57, they may be replaced by a declaration                     on oath or, in Member States or countries where there is no provision for declarations on oath, by a solemn declaration made                     by the person concerned before a competent judicial or administrative authority, a notary or a competent professional or trade                     body, in the Member State or country of origin or in the Member State or country where the economic operator is established.                  

A Member State shall, where relevant, provide an official declaration stating that the documents or certificates referred                     to in this paragraph are not issued or that they do not cover all the cases specified in paragraphs 1 and 2 and point (b)                     of paragraph 4 of Article 57. Such official declarations shall be made available through the online repository of certificates                     (e-Certis) referred to in Article 61.                  

3.Proof of the economic operator’s economic and financial standing may, as a general rule, be provided by one or more of the                        references listed in Annex XII Part I.                  

Where, for any valid reason, the economic operator is unable to provide the references requested by the contracting authority,                     it may prove its economic and financial standing by any other document which the contracting authority considers appropriate.                  

4.Evidence of the economic operators’ technical abilities may be provided by one or more of the means listed in Annex XII Part                        II, in accordance with the nature, quantity or importance, and use of the works, supplies or services.                  

5.Upon request, Member States shall make available to other Member States any information relating to the grounds for exclusion                        listed in Article 57, the suitability to pursue the professional activity, and the financial and technical capacities of tenderers                        referred to in Article 58, and any information relating to the means of proof referred to in this Article.                  

###### Article 61U.K.Online repository of certificates (e-Certis)

1.With a view to facilitating cross-border tendering, Member States shall ensure that the information concerning certificates                        and other forms of documentary evidence introduced in e-Certis established by the Commission is constantly kept up-to-date.                  

2.Contracting authorities shall have recourse to e-Certis and shall require primarily such types of certificates or forms of                        documentary evidence that are covered by e-Certis.                  

3.The Commission shall make available all language versions of the ESPD in e-Certis.                  

###### Article 62U.K.Quality assurance standards and environmental management standards

1.Contracting authorities shall, where they require the production of certificates drawn up by independent bodies attesting                        that the economic operator complies with certain quality assurance standards, including on accessibility for disabled persons,                        refer to quality assurance systems based on the relevant European standards series certified by accredited bodies. They shall                        recognise equivalent certificates from bodies established in other Member States. They shall also accept other evidence of                        equivalent quality assurance measures where the economic operator concerned had no possibility of obtaining such certificates                        within the relevant time limits for reasons that are not attributable to that economic operator provided that the economic                        operator proves that the proposed quality assurance measures comply with the required quality assurance standards.                  

2.Where contracting authorities require the production of certificates drawn up by independent bodies attesting that the economic                        operator complies with certain environmental management systems or standards, they shall refer to the Eco-Management and Audit                        Scheme (EMAS) of the Union or to other environmental management systems as recognised in accordance with Article 45 of Regulation                        (EC) No 1221/2009 or other environmental management standards based on the relevant European or international standards by                        accredited bodies. They shall recognise equivalent certificates from bodies established in other Member States.                  

Where an economic operator had demonstrably no access to such certificates, or no possibility of obtaining them within the                     relevant time limits for reasons that are not attributable to that economic operator, the contracting authority shall also                     accept other evidence of environmental management measures, provided that the economic operator proves that these measures                     are equivalent to those required under the applicable environmental management system or standard.                  

3.Upon request, Member States shall make available to other Member States, in accordance with Article 86, any information relating                        to the documents produced as evidence of compliance with quality and environmental standards referred to in paragraphs 1 and                        2.                  

###### Article 63U.K.Reliance on the capacities of other entities

1.With regard to criteria relating to economic and financial standing as set out pursuant to Article 58(3), and to criteria                        relating to technical and professional ability as set out pursuant to Article 58(4), an economic operator may, where appropriate                        and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which                        it has with them. With regard to criteria relating to the educational and professional qualifications as set out in point                        (f) of Annex XII Part II, or to the relevant professional experience, economic operators may however only rely on the capacities                        of other entities where the latter will perform the works or services for which these capacities are required. Where an economic                        operator wants to rely on the capacities of other entities, it shall prove to the contracting authority that it will have                        at its disposal the resources necessary, for example, by producing a commitment by those entities to that effect.                  

The contracting authority shall, in accordance with Articles 59, 60 and 61, verify whether the entities on whose capacity                     the economic operator intends to rely fulfil the relevant selection criteria and whether there are grounds for exclusion pursuant                     to Article 57. The contracting authority shall require that the economic operator replaces an entity which does not meet a                     relevant selection criterion, or in respect of which there are compulsory grounds for exclusion. The contracting authority                     may require or may be required by the Member State to require that the economic operator substitutes an entity in respect                     of which there are non-compulsory grounds for exclusion.                  

Where an economic operator relies on the capacities of other entities with regard to criteria relating to economic and financial                     standing, the contracting authority may require that the economic operator and those entities be jointly liable for the execution                     of the contract.                  

Under the same conditions, a group of economic operators as referred to in Article 19(2) may rely on the capacities of participants                     in the group or of other entities.                  

2.In the case of works contracts, service contracts and siting or installation operations in the context of a supply contract,                        contracting authorities may require that certain critical tasks be performed directly by the tenderer itself or, where the                        tender is submitted by a group of economic operators as referred to in Article 19(2), by a participant in that group.                  

###### Article 64U.K.Official lists of approved economic operators and certification by bodies established under public or private law

1.Member States may establish or maintain either official lists of approved contractors, suppliers or service providers or provide                        for a certification by certification bodies complying with European certification standards within the meaning of Annex VII.                  

They shall inform the Commission and the other Member States of the address of the certification body or the body responsible                     for the official lists, to which applications shall be sent.                  

2.Member States shall adapt the conditions for registration on the official lists referred to in paragraph 1 and for the issue                        of certificates by certification bodies to the provisions of this subsection.                  

Member States shall also adapt those conditions to Article 63 as regards applications for registration submitted by economic                     operators belonging to a group and claiming resources made available to them by the other companies in the group. In such                     cases, those operators shall prove to the authority establishing the official list that they will have those resources at                     their disposal throughout the period of validity of the certificate attesting to their registration on the official list and                     that throughout the same period those companies continue to fulfil the qualitative selection requirements encompassed by the                     official list or certificate on which operators rely for their registration.                  

3.Economic operators registered on the official lists or having a certificate may, for each contract, submit to the contracting                        authority a certificate of registration issued by the competent authority or the certificate issued by the competent certification                        body.                  

Those certificates shall state the references which enabled those economic operators to be registered on the official list                     or to obtain certification and the classification given in that list.                  

4.Certified registration on official lists by the competent bodies or a certificate issued by the certification body shall constitute                        a presumption of suitability with regard to requirements for qualitative selection encompassed by the official list or certificate.                  

5.Information that can be deduced from registration on official lists or certification shall not be questioned without justification.                        With regard to the payment of social security contributions and taxes, an additional certificate may be required of any registered                        economic operator whenever a contract is to be awarded.                  

The contracting authorities of other Member States shall apply paragraph 3 and the first subparagraph of this paragraph only                     in favour of economic operators established in the Member State holding the official list.                  

6.The requirements of proof for the criteria for qualitative selection encompassed by the official list or certificate shall                        comply with Article 60 and, where appropriate, Article 62. For any registration of economic operators of other Member States                        on an official list or for their certification, no further proof or statements shall be required other than those requested                        of national economic operators.                  

Economic operators may request at any time their registration on an official list or the issuance of a certificate. They shall                     be informed within a reasonably short period of time of the decision of the authority drawing up the official list or of the                     competent certification body.                  

7.Economic operators from other Member States shall not be obliged to undergo such registration or certification in order to                        participate in a public contract. The contracting authorities shall recognise equivalent certificates from bodies established                        in other Member States. They shall also accept other equivalent means of proof.                  

8.Upon request, Member States shall make available to other Member States any information relating to the documents produced                        as evidence that the economic operators fulfil the requirements to be registered on the official list of approved economic                        operators or as evidence that economic operators from another Member State possess an equivalent certification.                  

##### *Subsection 2*U.K.***Reduction of numbers of candidates, tenders and solutions***

###### Article 65U.K.Reduction of the number of otherwise qualified candidates to be invited to participate

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

2.The contracting authorities shall indicate, in the contract notice or in the invitation to confirm interest, the objective                        and non-discriminatory criteria or rules they intend to apply, the minimum number of candidates they intend to invite and,                        where appropriate, the maximum number.                  

In the restricted procedure the minimum number of candidates shall be five. In the competitive procedure with negotiation,                     in the competitive dialogue procedure and in the innovation partnership the minimum number of candidates shall be three. In                     any event the number of candidates invited shall be sufficient to ensure genuine competition.                  

The contracting authorities shall invite a number of candidates at least equal to the minimum number. However, where the number                     of candidates meeting the selection criteria and the minimum levels of ability as referred to in Article 58(5) is below the                     minimum number, the contracting authority may continue the procedure by inviting the candidates with the required capabilities.                     In the context of the same procedure, the contracting authority shall not include economic operators that did not request                     to participate, or candidates that do not have the required capabilities.                  

###### Article 66U.K.Reduction of the number of tenders and solutions

Where contracting authorities exercise the option of reducing the number of tenders to be negotiated as provided for in Article                     29(6) or of solutions to be discussed as provided for in Article 30(4), they shall do so by applying the award criteria stated                     in the procurement documents. In the final stage, the number arrived at shall make for genuine competition in so far as there                     are enough tenders, solutions or qualified candidates.                  

##### *Subsection 3*U.K.***Award of the contract***

###### Article 67U.K.Contract award criteria

1.Without prejudice to national laws, regulations or administrative provisions concerning the price of certain supplies or the                        remuneration of certain services, contracting authorities shall base the award of public contracts on the most economically                        advantageous tender.                  

2.The most economically advantageous tender from the point of view of the contracting authority shall be identified on the basis                        of the price or cost, using a cost-effectiveness approach, such as life-cycle costing in accordance with Article 68, and may                        include the best price-quality ratio, which shall be assessed on the basis of criteria, including qualitative, environmental                        and/or social aspects, linked to the subject-matter of the public contract in question. Such criteria may comprise, for instance:                  

(a)quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, social,                        environmental and innovative characteristics and trading and its conditions;                  

(b)organisation, qualification and experience of staff assigned to performing the contract, where the quality of the staff assigned                        can have a significant impact on the level of performance of the contract; or                  

(c)after-sales service and technical assistance, delivery conditions such as delivery date, delivery process and delivery period                        or period of completion.                  

The cost element may also take the form of a fixed price or cost on the basis of which economic operators will compete on                     quality criteria only.                  

Member States may provide that contracting authorities may not use price only or cost only as the sole award criterion or                     restrict their use to certain categories of contracting authorities or certain types of contracts.                  

3.Award criteria shall be considered to be linked to the subject-matter of the public contract where they relate to the works,                        supplies or services to be provided under that contract in any respect and at any stage of their life cycle, including factors                        involved in:                  

(a)the specific process of production, provision or trading of those works, supplies or services; or                  

(b)a specific process for another stage of their life cycle,                  

even where such factors do not form part of their material substance.

4.Award criteria shall not have the effect of conferring an unrestricted freedom of choice on the contracting authority. They                        shall ensure the possibility of effective competition and shall be accompanied by specifications that allow the information                        provided by the tenderers to be effectively verified in order to assess how well the tenders meet the award criteria. In case                        of doubt, contracting authorities shall verify effectively the accuracy of the information and proof provided by the tenderers.                  

5.The contracting authority shall specify, in the procurement documents, the relative weighting which it gives to each of the                        criteria chosen to determine the most economically advantageous tender, except where this is identified on the basis of price                        alone.                  

Those weightings may be expressed by providing for a range with an appropriate maximum spread.

Where weighting is not possible for objective reasons, the contracting authority shall indicate the criteria in decreasing                     order of importance.                  

###### Article 68U.K.Life-cycle costing

1.Life-cycle costing shall to the extent relevant cover parts or all of the following costs over the life cycle of a product,                        service or works:                  

(a)costs, borne by the contracting authority or other users, such as:                  

costs relating to acquisition,

costs of use, such as consumption of energy and other resources,

maintenance costs,

end of life costs, such as collection and recycling costs.

(b)costs imputed to environmental externalities linked to the product, service or works during its life cycle, provided their                        monetary value can be determined and verified; such costs may include the cost of emissions of greenhouse gases and of other                        pollutant emissions and other climate change mitigation costs.                  

2.Where contracting authorities assess the costs using 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 those data.                  

The method used for the assessment of costs imputed to environmental externalities shall fulfil all of the following conditions:

(a)it is based on objectively verifiable and non-discriminatory criteria. In particular, where it has not been established for                        repeated or continuous application, it shall not unduly favour or disadvantage certain economic operators;                  

(b)it is accessible to all interested parties;                  

(c)the data required can be provided with reasonable effort by normally diligent economic operators, including economic operators                        from third countries party to the GPA or other international agreements by which the Union is bound.                  

3.Whenever a common method for the calculation of life-cycle costs has been made mandatory by a legislative act of the Union,                        that common method shall be applied for the assessment of life-cycle costs.                  

A list of such legislative acts, and where necessary the delegated acts supplementing them, is set out in Annex XIII. The                     Commission shall be empowered to adopt delegated acts in accordance with Article 87 concerning the update of that list, when                     an update of the list is necessary due to the adoption of new legislation making a common method mandatory or the repeal or                     modification of existing legal acts.                  

###### Article 69U.K.Abnormally low tenders

1.Contracting authorities shall require economic operators to explain the price or costs proposed in the tender where tenders                        appear to be abnormally low in relation to the works, supplies or services.                  

2.The explanations referred to in paragraph 1 may in particular relate to:                  

(a)the economics of the manufacturing process, of the services provided or of the construction method;                  

(b)the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the supply of the                        products or services or for the execution of the work;                  

(c)the originality of the work, supplies or services proposed by the tenderer;                  

(d)compliance with obligations referred to in Article 18(2);                  

(e)compliance with obligations referred to in Article 71;                  

(f)the possibility of the tenderer obtaining State aid.                  

3.The contracting authority shall assess the information provided by consulting the tenderer. It may only reject the tender                        where the evidence supplied does not satisfactorily account for the low level of price or costs proposed, taking into account                        the elements referred to in paragraph 2.                  

Contracting authorities shall reject the tender, where they have established that the tender is abnormally low because it                     does not comply with applicable obligations referred to in Article 18(2).                  

4.Where a contracting authority establishes that a tender is abnormally low because the tenderer has obtained State aid, the                        tender may be rejected on that ground alone only after consultation with the tenderer where the latter is unable to prove,                        within a sufficient time limit fixed by the contracting authority, that the aid in question was compatible with the internal                        market within the meaning of Article 107 TFEU. Where the contracting authority rejects a tender in those circumstances, it                        shall inform the Commission thereof.                  

5.Upon request, Member States shall make available to other Member States by means of administrative cooperation any information                        at its disposal, such as laws, regulations, universally applicable collective agreements or national technical standards,                        relating to the evidence and documents produced in relation to details listed in paragraph 2.                  

### *CHAPTER IV*U.K.***Contract performance***

#### Article 70U.K.Conditions for performance of contracts

Contracting authorities may lay down special conditions relating to the performance of a contract, provided that they are                     linked to the subject-matter of the contract within the meaning of Article 67(3) and indicated in the call for competition                     or in the procurement documents. Those conditions may include economic, innovation-related, environmental, social or employment-related                     considerations.                  

#### Article 71U.K.Subcontracting

1.Observance of the obligations referred to in Article 18(2) by subcontractors is ensured through appropriate action by the                        competent national authorities acting within the scope of their responsibility and remit.                  

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

3.Member States may provide that at the request of the subcontractor and where the nature of the contract so allows, the contracting                        authority shall transfer due payments directly to the subcontractor for services, supplies or works provided to the economic                        operator to whom the public contract has been awarded (the main contractor). Such measures may include appropriate mechanisms                        permitting the main contractor to object to undue payments. The arrangements concerning that mode of payment shall be set                        out in the procurement documents.                  

4.Paragraphs 1 to 3 shall be without prejudice to the question of the main contractor’s liability.                  

5.In the case of works contracts and in respect of services to be provided at a facility under the direct oversight of the contracting                        authority, after the award of the contract and at the latest when the performance of the contract commences, the contracting                        authority shall require the main contractor to indicate to the contracting authority the name, contact details and legal representatives                        of its subcontractors, involved in such works or services, in so far as known at this point in time. The contracting authority                        shall require the main contractor to notify the contracting authority of any changes to this information during the course                        of the contract as well as of the required information for any new subcontractors which it subsequently involves in such works                        or services.                  

Notwithstanding the first subparagraph, Member States may impose the obligation to deliver the required information directly                     on the main contractor.                  

Where necessary for the purposes of point (b) of paragraph 6 of this Article, the required information shall be accompanied                     by the subcontractors’ self-declarations as provided for in Article 59. The implementing measures pursuant to paragraph 8                     of this Article may provide that subcontractors which are presented after the award of the contract shall provide the certificates                     and other supporting documents instead of the self-declaration.                  

The first subparagraph shall not apply to suppliers.

Contracting authorities may extend or may be required by Member States to extend the obligations provided for in the first                     subparagraph to for instance:                  

(a)supply contracts, to services contracts other than those concerning services to be provided at the facilities under the direct                        oversight of the contracting authority or to suppliers involved in works or services contracts;                  

(b)subcontractors of the main contractor’s subcontractors or further down the subcontracting chain.                  

6.With the aim of avoiding breaches of the obligations referred to in Article 18(2), appropriate measures may be taken, such                        as:                  

(a)Where the national law of a Member State provides for a mechanism of joint liability between subcontractors and the main contractor,                        the Member State concerned shall ensure that the relevant rules are applied in compliance with the conditions set out in Article                        18(2).                  

(b)Contracting authorities may, in accordance with Articles 59, 60 and 61, verify or may be required by Member States to verify                        whether there are grounds for exclusion of subcontractors pursuant to Article 57. In such cases, the contracting authority                        shall require that the economic operator replaces a subcontractor in respect of which the verification has shown that there                        are compulsory grounds for exclusion. The contracting authority may require or may be required by a Member State to require                        that the economic operator replaces a subcontractor in respect of which the verification has shown that there are non-compulsory                        grounds for exclusion.                  

7.Member States may provide for more stringent liability rules under national law or to go further under national law on direct                        payments to subcontractors, for instance by providing for direct payments to subcontractors without it being necessary for                        them to request such direct payment.                  

8.Member States having chosen to provide for measures pursuant to paragraphs 3, 5 or 6 shall, by law, regulation or administrative                        provisions and having regard for Union law, specify the implementing conditions for those measures. In so doing, Member States                        may limit their applicability, for instance in respect of certain types of contracts, certain categories of contacting authorities                        or economic operators or as of certain amounts.                  

#### Article 72U.K.Modification of contracts during their term

1.Contracts and framework agreements may be modified without a new procurement procedure in accordance with this Directive in                        any of the following cases:                  

(a)where the modifications, irrespective of their monetary value, have been provided for in the initial procurement documents                        in clear, precise and unequivocal review clauses, which may include price revision clauses, or options. Such clauses shall                        state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They                        shall not provide for modifications or options that would alter the overall nature of the contract or the framework agreement;                  

(b)for additional works, services or supplies by the original contractor that have become necessary and that were not included                        in the initial procurement where a change of contractor:                  

cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing                              equipment, services or installations procured under the initial procurement; and                           

would cause significant inconvenience or substantial duplication of costs for the contracting authority.

However, any increase in price shall not exceed 50 % of the value of the original contract. Where several successive modifications                     are made, that limitation shall apply to the value of each modification. Such consecutive modifications shall not be aimed                     at circumventing this Directive;                  

(c)where all of the following conditions are fulfilled:                  

the need for modification has been brought about by circumstances which a diligent contracting authority could not foresee;

the modification does not alter the overall nature of the contract;

any increase in price is not higher than 50 % of the value of the original contract or framework agreement. Where several                              successive modifications are made, that limitation shall apply to the value of each modification. Such consecutive modifications                              shall not be aimed at circumventing this Directive;                           

(d)where a new contractor replaces the one to which the contracting authority had initially awarded the contract as a consequence                        of either:                  

an unequivocal review clause or option in conformity with point (a);

universal or partial succession into the position of the initial contractor, following corporate restructuring, including                              takeover, merger, acquisition or insolvency, of another economic operator that fulfils the criteria for qualitative selection                              initially established provided that this does not entail other substantial modifications to the contract and is not aimed                              at circumventing the application of this Directive; or                           

in the event that the contracting authority itself assumes the main contractor’s obligations towards its subcontractors where                              this possibility is provided for under national legislation pursuant to Article 71;                           

(e)where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 4.                  

Contracting authorities having modified a contract in the cases set out under points (b) and (c) of this paragraph shall publish                     a notice to that effect in the *Official Journal of the European Union*. Such notice shall contain the information set out in Annex V part G and shall be published in accordance with Article 51.                  

2.Furthermore, and without any need to verify whether the conditions set out under points (a) to (d) of paragraph 4 are met,                        contracts may equally be modified without a new procurement procedure in accordance with this Directive being necessary where                        the value of the modification is below both of the following values:                  

the thresholds set out in Article 4; and

10 % of the initial contract value for service and supply contracts and below 15 % of the initial contract value for works                              contracts.                           

However, the modification may not alter the overall nature of the contract or framework agreement. Where several successive                     modifications are made, the value shall be assessed on the basis of the net cumulative value of the successive modifications.                  

3.For the purpose of the calculation of the price mentioned in paragraph 2 and points (b) and (c) of paragraph 1, the updated                        price shall be the reference value when the contract includes an indexation clause.                  

4.A modification of a contract or a framework agreement during its term shall be considered to be substantial within the meaning                        of point (e) of paragraph 1, where it renders the contract or the framework agreement materially different in character from                        the one initially concluded. In any event, without prejudice to paragraphs 1 and 2, a modification shall be considered to                        be substantial where one or more of the following conditions is met:                  

(a)the modification introduces conditions which, had they been part of the initial procurement procedure, would have allowed                        for the admission of other candidates than those initially selected or for the acceptance of a tender other than that originally                        accepted or would have attracted additional participants in the procurement procedure;                  

(b)the modification changes the economic balance of the contract or the framework agreement in favour of the contractor in a                        manner which was not provided for in the initial contract or framework agreement;                  

(c)the modification extends the scope of the contract or framework agreement considerably;                  

(d)where a new contractor replaces the one to which the contracting authority had initially awarded the contract in other cases                        than those provided for under point (d) of paragraph 1.                  

5.A new procurement procedure in accordance with this Directive shall be required for other modifications of the provisions                        of a public contract or a framework agreement during its term than those provided for under paragraphs 1 and 2.                  

#### Article 73U.K.Termination of contracts

Member States shall ensure that contracting authorities have the possibility, at least under the following circumstances and                     under the conditions determined by the applicable national law, to terminate a public contract during its term, where:                  

the contract has been subject to a substantial modification, which would have required a new procurement procedure pursuant                              to Article 72;                           

the contractor has, at the time of contract award, been in one of the situations referred to in Article 57(1) and should therefore                              have been excluded from the procurement procedure;                           

the contract should not have been awarded to the contractor in view of a serious infringement of the obligations under the                              Treaties and this Directive that has been declared by the Court of Justice of the European Union in a procedure pursuant to                              Article 258 TFEU.                           

## TITLE IIIU.K.**PARTICULAR PROCUREMENT REGIMES**

### *CHAPTER I*U.K.***Social and other specific services***

#### Article 74U.K.Award of contracts for social and other specific services

Public contracts for social and other specific services listed in Annex XIV shall be awarded in accordance with this Chapter,                     where the value of the contracts is equal to or greater than the threshold indicated in point (d) of Article 4.                  

#### Article 75U.K.Publication of notices

1.Contracting authorities intending to award a public contract for the services referred to in Article 74 shall make known their                        intention by any of the following means:                  

(a)by means of a contract notice, which shall contain the information referred to in Annex V Part H, in accordance with the standard                        forms referred to in Article 51; or                  

(b)by means of a prior information notice, which shall be published continuously and contain the information set out in Annex                        V Part I. The prior information notice shall refer specifically to the types of services that will be the subject of the contracts                        to be awarded. It shall indicate that the contracts will be awarded without further publication and invite interested economic                        operators to express their interest in writing.                  

The first subparagraph shall, however, not apply where a negotiated procedure without prior publication could have been used                     in conformity with Article 32 for the award of a public service contract.                  

2.Contracting authorities that have awarded a public contract for the services referred to in Article 74 shall make known the                        results of the procurement procedure by means of a contract award notice, which shall contain the information referred to                        in Annex V Part J, in accordance with the standard forms referred to in Article 51. They may, however, group such notices                        on a quarterly basis. In that case, they shall send the grouped notices within 30 days of the end of each quarter.                  

3.The Commission shall establish the standard forms referred to in paragraphs 1 and 2 of this Article by means of implementing                        acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 89(2).                  

4.The notices referred to in this Article shall be published in accordance with Article 51.                  

#### Article 76U.K.Principles of awarding contracts

1.Member States shall put in place national rules for the award of contracts subject to this Chapter in order to ensure contracting                        authorities comply with the principles of transparency and equal treatment of economic operators. Member States are free to                        determine the procedural rules applicable as long as such rules allow contracting authorities to take into account the specificities                        of the services in question.                  

2.Member States shall ensure that contracting authorities may take into account the need to ensure quality, continuity, accessibility,                        affordability, availability and comprehensiveness of the services, the specific needs of different categories of users, including                        disadvantaged and vulnerable groups, the involvement and empowerment of users and innovation. Member States may also provide                        that the choice of the service provider shall be made on the basis of the tender presenting the best price-quality ratio,                        taking into account quality and sustainability criteria for social services.                  

#### Article 77U.K.Reserved contracts for certain services

1.Member States may provide that contracting authorities may reserve the right for organisations to participate in procedures                        for the award of public contracts exclusively for those health, social and cultural services referred to in Article 74, which                        are covered by CPV codes 75121000-0, 75122000-7, 75123000-4, 79622000-0, 79624000-4, 79625000-1, 80110000-8, 80300000-7, 80420000-4,                        80430000-7, 80511000-9, 80520000-5, 80590000-6, from 85000000-9 to 85323000-9, 92500000-6, 92600000-7, 98133000-4, 98133110-8.                  

2.An organisation referred to in paragraph 1 shall fulfil all of the following conditions:                  

(a)its objective is the pursuit of a public service mission linked to the delivery of the services referred to in paragraph 1;                  

(b)profits are reinvested with a view to achieving the organisation’s objective. Where profits are distributed or redistributed,                        this should be based on participatory considerations;                  

(c)the structures of management or ownership of the organisation performing the contract are based on employee ownership or participatory                        principles, or require the active participation of employees, users or stakeholders; and                  

(d)the organisation has not been awarded a contract for the services concerned by the contracting authority concerned pursuant                        to this Article within the past three years.                  

3.The maximum duration of the contract shall not be longer than three years.                  

4.The call for competition shall make reference to this Article.                  

5.Notwithstanding Article 92, the Commission shall assess the effects of this Article and report to the European Parliament                        and the Council by 18 April 2019.                  

### *CHAPTER II*U.K.***Rules governing design contests***

#### Article 78U.K.Scope

This Chapter shall apply to:

design contests organised as part of a procedure leading to the award of a public service contract;

design contests with prizes or payments to participants.

In the cases referred to in point (a) of the first paragraph of this Article, the threshold referred to in Article 4 is calculated                     on the basis of the estimated value net of VAT of the public service contract, including any possible prizes or payments to                     participants.                  

In the cases referred to in point (b) of the first paragraph of this Article, the threshold refers to the total amount of                     the prizes and payments, including the estimated value net of VAT of the public services contract which might subsequently                     be concluded under Article 32(4) if the contracting authority has announced its intention to award such contract in the contest                     notice.                  

#### Article 79U.K.Notices

1.Contracting authorities that intend to carry out a design contest shall make known their intention by means of a contest notice.                  

Where they intend to award a subsequent service contract pursuant to Article 32(4), this shall be indicated in the contest                     notice.                  

2.Contracting authorities that have held a design contest shall send a notice of the results of the contest in accordance with                        Article 51 and shall be able to prove the date of dispatch.                  

Where the release of information on the outcome of the contest would impede law enforcement, would be contrary to the public                     interest or would prejudice the legitimate commercial interests of a particular enterprise, whether public or private, or                     might prejudice fair competition between service providers, such information may be withheld from publication.                  

3.The notices referred to in paragraphs 1 and 2 of this Article shall be published in accordance with Article 51(2) to (6) and                        Article 52. They shall include the information set out respectively in Annex V parts E and F in the format of the standard                        forms.                  

The Commission shall establish the standard forms by means of implementing acts. Those implementing acts shall be adopted                     in accordance with the advisory procedure referred to in Article 89(2).                  

#### Article 80U.K.Rules on the organisation of design contests and the selection of participants

1.When organising design contests, contracting authorities shall apply procedures which are adapted to the provisions of Title                        I and this Chapter.                  

2.The admission of participants to design contests shall not be limited:                  

(a)by reference to the territory or part of the territory of a Member State;                  

(b)on the grounds that, under the law of the Member State in which the contest is organised, they would be required to be either                        natural or legal persons.                  

3.Where design contests are restricted to a limited number of participants, the contracting authorities shall lay down clear                        and non-discriminatory selection criteria. In any event, the number of candidates invited to participate shall be sufficient                        to ensure genuine competition.                  

#### Article 81U.K.Composition of the jury

The jury shall be composed exclusively of natural persons who are independent of participants in the contest. Where a particular                     professional qualification is required from participants in a contest, at least a third of the members of the jury shall have                     that qualification or an equivalent qualification.                  

#### Article 82U.K.Decisions of the jury

1.The jury shall be autonomous in its decisions or opinions.                  

2.The jury shall examine the plans and projects submitted by the candidates anonymously and solely on the basis of the criteria                        indicated in the contest notice.                  

3.The jury shall record its ranking of projects in a report, signed by its members, made according to the merits of each project,                        together with its remarks and any points that may need clarification.                  

4.Anonymity shall be observed until the jury has reached its opinion or decision.                  

5.Candidates may be invited, if need be, to answer questions that the jury has recorded in the minutes to clarify any aspect                        of the projects.                  

6.Complete minutes shall be drawn up of the dialogue between jury members and candidates.                  

## TITLE IVU.K.**GOVERNANCE**

### Article 83U.K.Enforcement

1.In order to effectively ensure correct and efficient implementation, Member States shall ensure that at least the tasks set                        out in this Article are performed by one or more authorities, bodies or structures. They shall indicate to the Commission                        all authorities, bodies or structures competent for those tasks.                  

2.Member States shall ensure that the application of public procurement rules is monitored.                  

Where monitoring authorities or structures identify by their own initiative or upon the receipt of information specific violations                     or systemic problems, they shall be empowered to indicate those problems to national auditing authorities, courts or tribunals                     or other appropriate authorities or structures, such as the ombudsman, national parliaments or committees thereof.                  

3.The results of the monitoring activities pursuant to paragraph 2 shall be made available to the public through appropriate                        means of information. These results shall also be made available to the Commission. For instance, they may be integrated in                        the monitoring reports referred to in the second subparagraph of this paragraph.                  

By 18 April 2017 and every three years thereafter Member States shall submit to the Commission a monitoring report covering,                     where applicable, information on the most frequent sources of wrong application or of legal uncertainty, including possible                     structural or recurring problems in the application of the rules, on the level of SME participation in public procurement                     and about prevention, detection and adequate reporting of cases of procurement fraud, corruption, conflict of interest and                     other serious irregularities.                  

The Commission may, not more than every three years, request Member States to provide information on the practical implementation                     of national strategic procurement policies.                  

For the purposes of this paragraph and paragraph 4 of this Article, ‘SME’ shall be understood as defined in Commission Recommendation                     2003/361/EC(39).                  

On the basis of the data received under this paragraph, the Commission shall regularly issue a report on the implementation                     and best practices of national procurement policies in the internal market.                  

4.Member States shall ensure that:                  

(a)information and guidance on the interpretation and application of the Union public procurement law is available free of charge                        to assist contracting authorities and economic operators, in particular SMEs, in correctly applying the Union public procurement                        rules; and                  

(b)support is available to contracting authorities with regard to planning and carrying out procurement procedures.                  

5.Member States shall, without prejudice to the general procedures and working methods established by the Commission for its                        communications and contacts with Member States, designate a point of reference for cooperation with the Commission as regards                        the application of public procurement legislation.                  

6.Contracting authorities shall, at least for the duration of the contract, keep copies of all concluded contracts with a value                        equal to or greater than:                  

(a)1 000 000 EUR in the case of public supply contracts or public service contracts;                  

(b)10 000 000 EUR in the case of public works contracts.                  

Contracting authorities shall grant access to those contracts; however, access to specific documents or items of information                     may be denied to the extent and on the conditions provided for in the applicable Union or national rules on access to documents                     and data protection.                  

### Article 84U.K.Individual reports on procedures for the award of contracts

1.For every contract or framework agreement covered by this Directive, and every time a dynamic purchasing system is established,                        contracting authorities shall draw up a written report which shall include at least the following:                  

(a)the name and address of the contracting authority, the subject-matter and value of the contract, framework agreement or dynamic                        purchasing system;                  

(b)where applicable, the results of the qualitative selection and/or reduction of numbers pursuant to Articles 65 and 66, namely:                  

the names of the selected candidates or tenderers and the reasons for their selection;

the names of the candidates or tenderers rejected and the reasons for their rejection;

(c)the reasons for the rejection of tenders found to be abnormally low;                  

(d)the name of the successful tenderer and the reasons why its tender was selected and, where known, the share of the contract                        or framework agreement which the successful tenderer intends to subcontract to third parties; and, where known at this point                        in time, the names of the main contractor’s subcontractors, if any;                  

(e)for competitive procedures with negotiations and competitive dialogues, the circumstances as laid down in Article 26 which                        justify the use of those procedures;                  

(f)for negotiated procedures without prior publication, the circumstances referred to in Article 32 which justify the use of                        this procedure;                  

(g)where applicable, the reasons why the contracting authority has decided not to award a contract or framework agreement or                        to establish a dynamic purchasing system;                  

(h)where applicable, the reasons why other means of communication than electronic means have been used for the submission of                        tenders;                  

(i)where applicable, conflicts of interests detected and subsequent measures taken.                  

This report shall not be required in respect of contracts based on framework agreements where these are concluded in accordance                     with Article 33(3) or point (a) of Article 33(4).                  

To the extent that the contract award notice drawn up pursuant to Article 50 or Article 75(2) contains the information required                     in this paragraph, contracting authorities may refer to that notice.                  

2.Contracting authorities shall document the progress of all procurement procedures, whether or not those are conducted by electronic                        means. To that end, they shall ensure that they keep sufficient documentation to justify decisions taken in all stages of                        the procurement procedure, such as documentation on communications with economic operators and internal deliberations, preparation                        of the procurement documents, dialogue or negotiation if any, selection and award of the contract. The documentation shall                        be kept for a period of at least three years from the date of award of the contract.                  

3.The report, or its main elements, shall be communicated to the Commission or the competent authorities, bodies or structures                        referred to in Article 83 where they so request.                  

### Article 85U.K.National reporting and statistical information

1.The Commission shall review the quality and completeness of data that can be extracted from the notices, referred to in Articles                        48, 49, 50, 75 and 79, which are published in accordance with Annex VIII.                  

Where the quality and completeness of the data referred to in the first subparagraph of this paragraph is not compliant with                     the obligations stipulated in Article 48(1), Article 49, Article 50(1), Article 75(2) and Article 79(3), the Commission shall                     request complementary information from the Member State concerned. Within a reasonable time, the Member State concerned shall                     supply the missing statistical information requested by the Commission.                  

2.By 18 April 2017 and every three years thereafter, Member States shall forward to the Commission a statistical report for                        procurement which would have been covered by this Directive if its value had exceeded the relevant threshold laid down in                        Article 4, indicating an estimation of the aggregated total value of such procurement during the period concerned. That estimation                        may in particular be based on data available under national publication requirements or on sample-based estimates.                  

That report may be included in the report referred to in Article 83(3).

3.Member States shall make available to the Commission information on their institutional organisation related to the implementation,                        monitoring and enforcement of this Directive, as well as on national initiatives taken to provide guidance on or assist in                        implementation of Union rules on public procurement, or to respond to challenges confronting the implementation of those rules.                  

That information may be included in the report referred to in Article 83(3).

### Article 86U.K.Administrative cooperation

1.Member States shall provide mutual assistance to each other, and shall put in place measures for effective cooperation with                        one another, in order to ensure exchange of information on issues referred to in Articles 42, 43, 44, 57, 59, 60, 62, 64 and                        69. They shall ensure the confidentiality of the information which they exchange.                  

2.The competent authorities of all Member States concerned shall exchange information in compliance with personal data protection                        rules provided for in Directive 95/46/EC of the European Parliament and of the Council(40) and Directive 2002/58/EC of the European Parliament and of the Council(41).                  

3.To test the suitability of using the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012                        for the purpose of exchanging information covered by this Directive, a pilot project shall be launched by 18 April 2015.                  

## TITLE VU.K.**DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS**

### Article 87U.K.Exercise of the delegation

1.The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.                  

2.The power to adopt delegated acts referred to in Articles 6, 22, 23, 56 and 68 shall be conferred on the Commission for an                        indeterminate period of time from 17 April 2014.                  

3.The delegation of power referred to in Articles 6, 22, 23, 56 and 68 may be revoked at any time by the European Parliament                        or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall                        take effect the day following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                  

4.As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the                        Council.                  

5.A delegated act adopted pursuant to Articles 6, 22, 23, 56 and 68 shall enter into force only where no objection has been                        expressed either by the European Parliament or by the Council within a period of two months of notification of the act to                        the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have                        both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the                        European Parliament or of the Council.                  

### Article 88U.K.Urgency procedure

1.Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is                        expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council                        shall state the reasons for the use of the urgency procedure.                  

2.Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in                        Article 87(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision                        to object by the European Parliament or by the Council.                  

### Article 89U.K.Committee procedure

1.The Commission shall be assisted by the Advisory Committee on Public Procurement established by Council Decision 71/306/EEC(42). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.                  

2.Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.                  

3.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                  

### Article 90U.K.Transposition and transitional provisions

1.Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive                        by 18 April 2016. They shall forthwith communicate to the Commission the text of those measures.                  

2.Notwithstanding paragraph 1 of this Article, Member States may postpone the application of Article 22(1) until 18 October                        2018, except where use of electronic means is mandatory pursuant to Articles 34, 35 or 36, Article 37(3), Article 51(2) or                        Article 53.                  

Notwithstanding paragraph 1 of this Article, Member States may postpone the application of Article 22(1) for central purchasing                     bodies until 18 April 2017.                  

Where a Member State chooses to postpone the application of Article 22(1), that Member State shall provide that contracting                     authorities may choose between the following means of communication for all communication and information exchange:                  

(a)electronic means in accordance with Article 22;                  

(b)post or other suitable carrier;                  

(c)fax;                  

(d)a combination of those means.                  

3.Notwithstanding paragraph 1 of this Article, Member States may postpone the application of the second subparagraph of Article                        59(2) until 18 April 2018.                  

4.Notwithstanding paragraph 1 of this Article, Member States may postpone the application of the second subparagraph of Article                        59(5) until 18 October 2018.                  

5.Notwithstanding paragraph 1 of this Article, Member States may postpone the application of Article 61(2) until 18 October                        2018.                  

6.When Member States adopt the measures referred to in paragraphs 1 to 5, they shall contain a reference to this Directive or                        be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference                        is to be made.                  

7.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the                        field covered by this Directive.                  

### Article 91U.K.Repeals

Directive 2004/18/EC is repealed with effect from 18 April 2016.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with                     the correlation table in Annex XV.                  

### Article 92U.K.Review

The Commission shall review the economic effects on the internal market, in particular in terms of factors such as the cross-border                     award of contracts and transaction costs, resulting from the application of the thresholds set in Article 4 and report thereon                     to the European Parliament and the Council by 18 April 2019.                  

The Commission shall, where possible and appropriate, consider suggesting an increase of the threshold amounts applicable                     under the GPA during the next round of negotiations. In the event of any change to the threshold amounts applicable under                     the GPA, the report shall, where appropriate, be followed by a proposal for a legal act amending the thresholds set out in                     this Directive.                  

### Article 93U.K.Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

### Article 94U.K.Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 26 February 2014.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

D. Kourkoulas                            

## ANNEX IU.K.**CENTRAL GOVERNMENT AUTHORITIES**

### BELGIUMU.K.

### BULGARIAU.K.

Администрация на Народното събрание

Aдминистрация на Президента

Администрация на Министерския съвет

Конституционен съд

Българска народна банка

Министерство на външните работи

Министерство на вътрешните работи

Министерство на държавната администрация и административната реформа

Министерство на извънредните ситуации

Министерство на земеделието и храните

Министерство на здравеопазването

Министерство на икономиката и енергетиката

Министерство на културата

Министерство на образованието и науката

Министерство на околната среда и водите

Министерство на отбраната

Министерство на правосъдието

Министерство на регионалното развитие и благоустройството

Министерство на транспорта

Министерство на труда и социалната политика

Министерство на финансите

State agencies, state commissions, executive agencies and other state authorities established by law or by Council of Ministers’                     decree having a function relating to the exercise of executive power:                  

Агенция за ядрено регулиране

Висшата атестационна комисия

Държавна комисия за енергийно и водно регулиране

Държавна комисия по сигурността на информацията

Комисия за защита на конкуренцията

Комисия за защита на личните данни

Комисия за защита от дискриминация

Комисия за регулиране на съобщенията

Комисия за финансов надзор

Патентно ведомство на Република България

Сметна палата на Република България

Агенция за приватизация

Агенция за следприватизационен контрол

Български институт по метрология

Държавна агенция ‘Архиви’

Държавна агенция ‘Държавен резерв и военновременни запаси’

Държавна агенция ‘Национална сигурност’

Държавна агенция за бежанците

Държавна агенция за българите в чужбина

Държавна агенция за закрила на детето

Държавна агенция за информационни технологии и съобщения

Държавна агенция за метрологичен и технически надзор

Държавна агенция за младежта и спорта

Държавна агенция по горите

Държавна агенция по туризма

Държавна комисия по стоковите борси и тържища

Институт по публична администрация и европейска интеграция

Национален статистически институт

Национална агенция за оценяване и акредитация

Националната агенция за професионално образование и обучение

Национална комисия за борба с трафика на хора

Агенция ‘Митници’

Агенция за държавна и финансова инспекция

Агенция за държавни вземания

Агенция за социално подпомагане

Агенция за хората с увреждания

Агенция по вписванията

Агенция по геодезия, картография и кадастър

Агенция по енергийна ефективност

Агенция по заетостта

Агенция по обществени поръчки

Българска агенция за инвестиции

Главна дирекция ‘Гражданска въздухоплавателна администрация’

Дирекция ‘Материално-техническо осигуряване и социално обслужване’ на Министерство на вътрешните работи

Дирекция ‘Оперативно издирване’ на Министерство на вътрешните работи

Дирекция ‘Финансово-ресурсно осигуряване’ на Министерство на вътрешните работи

Дирекция за национален строителен контрол

Държавна комисия по хазарта

Изпълнителна агенция ‘Автомобилна администрация’

Изпълнителна агенция ‘Борба с градушките’

Изпълнителна агенция ‘Българска служба за акредитация’

Изпълнителна агенция ‘Военни клубове и информация’

Изпълнителна агенция ‘Главна инспекция по труда’

Изпълнителна агенция ‘Държавна собственост на Министерството на отбраната’

Изпълнителна агенция ‘Железопътна администрация’

Изпълнителна агенция ‘Изпитвания и контролни измервания на въоръжение, техника и имущества’

Изпълнителна агенция ‘Морска администрация’

Изпълнителна агенция ‘Национален филмов център’

Изпълнителна агенция ‘Пристанищна администрация’

Изпълнителна агенция ‘Проучване и поддържане на река Дунав’

Изпълнителна агенция ‘Социални дейности на Министерството на отбраната’

Изпълнителна агенция за икономически анализи и прогнози

Изпълнителна агенция за насърчаване на малките и средни предприятия

Изпълнителна агенция по лекарствата

Изпълнителна агенция по лозата и виното

Изпълнителна агенция по околна среда

Изпълнителна агенция по почвените ресурси

Изпълнителна агенция по рибарство и аквакултури

Изпълнителна агенция по селекция и репродукция в животновъдството

Изпълнителна агенция по сортоизпитване, апробация и семеконтрол

Изпълнителна агенция по трансплантация

Изпълнителна агенция по хидромелиорации

Комисията за защита на потребителите

Контролно-техническата инспекция

Национален център за информация и документация

Национален център по радиобиология и радиационна защита

Национална агенция за приходите

Национална ветеринарномедицинска служба

Национална служба ‘Полиция’

Национална служба ‘Пожарна безопасност и защита на населението’

Национална служба за растителна защита

Национална служба за съвети в земеделието

Национална служба по зърното и фуражите

Служба ‘Военна информация’

Служба ‘Военна полиция’

Фонд ‘Републиканска пътна инфраструктура’

Авиоотряд 28

### CZECH REPUBLICU.K.

Ministerstvo dopravy

Ministerstvo financí

Ministerstvo kultury

Ministerstvo obrany

Ministerstvo pro místní rozvoj

Ministerstvo práce a sociálních věcí

Ministerstvo průmyslu a obchodu

Ministerstvo spravedlnosti

Ministerstvo školství, mládeže a tělovýchovy

Ministerstvo vnitra

Ministerstvo zahraničních věcí

Ministerstvo zdravotnictví

Ministerstvo zemědělství

Ministerstvo životního prostředí

Poslanecká sněmovna PČR

Senát PČR

Kancelář prezidenta

Český statistický úřad

Český úřad zeměměřičský a katastrální

Úřad průmyslového vlastnictví

Úřad pro ochranu osobních údajů

Bezpečnostní informační služba

Národní bezpečnostní úřad

Česká akademie věd

Vězeňská služba

Český báňský úřad

Úřad pro ochranu hospodářské soutěže

Správa státních hmotných rezerv

Státní úřad pro jadernou bezpečnost

Česká národní banka

Energetický regulační úřad

Úřad vlády České republiky

Ústavní soud

Nejvyšší soud

Nejvyšší správní soud

Nejvyšší státní zastupitelství

Nejvyšší kontrolní úřad

Kancelář Veřejného ochránce práv

Grantová agentura České republiky

Státní úřad inspekce práce

Český telekomunikační úřad

### DENMARKU.K.

Folketinget

Rigsrevisionen

Statsministeriet

Udenrigsministeriet

Beskæftigelsesministeriet

5 styrelser og institutioner (5 agencies and institutions)

Domstolsstyrelsen

Finansministeriet

5 styrelser og institutioner (5 agencies and institutions)

Forsvarsministeriet

5 styrelser og institutioner (5 agencies and institutions)

Ministeriet for Sundhed og Forebyggelse

Adskillige styrelser og institutioner, herunder Statens Serum Institut (Several agencies and institutions, including Statens                     Serum Institut)                  

Justitsministeriet

Rigspolitichefen, anklagemyndigheden samt 1 direktorat og et antal styrelser (Commissioner of Police, the public prosecutor,                     1 directorate and a number of agencies)                  

Kirkeministeriet

10 stiftsøvrigheder (10 diocesan authorities)

Kulturministeriet — Ministry of Culture

4 styrelser samt et antal statsinstitutioner (4 departments and a number of institutions)

Miljøministeriet

5 styrelser (5 agencies)

Ministeriet for Flygtninge, Invandrere og Integration

1 styrelse (1 agency)

Ministeriet for Fødevarer, Landbrug og Fiskeri

4 direktoraterog institutioner (4 directorates and institutions)

Ministeriet for Videnskab, Teknologi og Udvikling

Adskillige styrelser og institutioner, Forskningscenter Risø og Statens uddannelsesbygninger (Several agencies and institutions,                     including Risoe National Laboratory and Danish National Research and Education Buildings)                  

Skatteministeriet

1 styrelse og institutioner (1 agency and several institutions)

Velfærdsministeriet

3 styrelser og institutioner (3 agencies and several institutions)

Transportministeriet

7 styrelser og institutioner, herunder Øresundsbrokonsortiet (7 agencies and institutions, including Øresundsbrokonsortiet)

Undervisningsministeriet

3 styrelser, 4 undervisningsinstitutioner og 5 andre institutioner (3 agencies, 4 educational establishments, 5 other institutions)

Økonomi- og Erhvervsministeriet

Adskilligestyrelser og institutioner (Several agencies and institutions)

Klima- og Energiministeriet

3 styrelse og institutioner (3 agencies and institutions)

### GERMANYU.K.

Auswärtiges Amt

Bundeskanzleramt

Bundesministerium für Arbeit und Soziales

Bundesministerium für Bildung und Forschung

Bundesministerium für Ernährung, Landwirtschaft und Verbraucherschutz

Bundesministerium der Finanzen

Bundesministerium des Innern (only civil goods)

Bundesministerium für Gesundheit

Bundesministerium für Familie, Senioren, Frauen und Jugend

Bundesministerium der Justiz

Bundesministerium für Verkehr, Bau und Stadtentwicklung

Bundesministerium für Wirtschaft und Technologie

Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung

Bundesministerium der Verteidigung (no military goods)

Bundesministerium für Umwelt, Naturschutz und Reaktorsicherheit

### ESTONIAU.K.

Vabariigi Presidendi Kantselei;

Eesti Vabariigi Riigikogu;

Eesti Vabariigi Riigikohus;

Riigikontroll;

Õiguskantsler;

Riigikantselei;

Rahvusarhiiv;

Haridus- ja Teadusministeerium;

Justiitsministeerium;

Kaitseministeerium;

Keskkonnaministeerium;

Kultuuriministeerium;

Majandus- ja Kommunikatsiooniministeerium;

Põllumajandusministeerium;

Rahandusministeerium;

Siseministeerium;

Sotsiaalministeerium;

Välisministeerium;

Keeleinspektsioon;

Riigiprokuratuur;

Teabeamet;

Maa-amet;

Keskkonnainspektsioon;

Metsakaitse- ja Metsauuenduskeskus;

Muinsuskaitseamet;

Patendiamet;

Tarbijakaitseamet;

Riigihangete Amet;

Taimetoodangu Inspektsioon;

Põllumajanduse Registrite ja Informatsiooni Amet;

Veterinaar- ja Toiduamet

Konkurentsiamet;

Maksu –ja Tolliamet;

Statistikaamet;

Kaitsepolitseiamet;

Kodakondsus- ja Migratsiooniamet;

Piirivalveamet;

Politseiamet;

Eesti Kohtuekspertiisi Instituut;

Keskkriminaalpolitsei;

Päästeamet;

Andmekaitse Inspektsioon;

Ravimiamet;

Sotsiaalkindlustusamet;

Tööturuamet;

Tervishoiuamet;

Tervisekaitseinspektsioon;

Tööinspektsioon;

Lennuamet;

Maanteeamet;

Veeteede Amet;

Julgestuspolitsei;

Kaitseressursside Amet;

Kaitseväe Logistikakeskus;

Tehnilise Järelevalve Amet.

### IRELANDU.K.

President’s Establishment

Houses of the Oireachtas — [Parliament]

Department of theTaoiseach — [Prime Minister]

Central Statistics Office

Department of Finance

Office of the Comptroller and Auditor General

Office of the Revenue Commissioners

Office of Public Works

State Laboratory

Office of the Attorney General

Office of the Director of Public Prosecutions

Valuation Office

Office of the Commission for Public Service Appointments

Public Appointments Service

Office of the Ombudsman

Chief State Solicitor’s Office

Department of Justice, Equality and Law Reform

Courts Service

Prisons Service

Office of the Commissioners of Charitable Donations and Bequests

Department of the Environment, Heritage and Local Government

Department of Education and Science

Department of Communications, Energy and Natural Resources

Department of Agriculture, Fisheries and Food

Department of Transport

Department of Health and Children

Department of Enterprise, Trade and Employment

Department of Arts, Sports and Tourism

Department of Defence

Department of Foreign Affairs

Department of Social and Family Affairs

Department of Community, Rural and Gaeltacht — [Gaelic speaking regions] Affairs

Arts Council

National Gallery.

### GREECEU.K.

Υπουργείο Εσωτερικών;

Υπουργείο Εξωτερικών;

Υπουργείο Οικονομίας και Οικονομικών;

Υπουργείο Ανάπτυξης;

Υπουργείο Δικαιοσύνης;

Υπουργείο Εθνικής Παιδείας και Θρησκευμάτων;

Υπουργείο Πολιτισμού;

Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης;

Υπουργείο Περιβάλλοντος, Χωροταξίας και Δημοσίων Έργων;

Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας;

Υπουργείο Μεταφορών και Επικοινωνιών;

Υπουργείο Αγροτικής Ανάπτυξης και Τροφίμων;

Υπουργείο Εμπορικής Ναυτιλίας, Αιγαίου και Νησιωτικής Πολιτικής;

Υπουργείο Μακεδονίας- Θράκης;

Γενική Γραμματεία Επικοινωνίας;

Γενική Γραμματεία Ενημέρωσης;

Γενική Γραμματεία Νέας Γενιάς;

Γενική Γραμματεία Ισότητας;

Γενική Γραμματεία Κοινωνικών Ασφαλίσεων;

Γενική Γραμματεία Απόδημου Ελληνισμού;

Γενική Γραμματεία Βιομηχανίας;

Γενική Γραμματεία Έρευνας και Τεχνολογίας;

Γενική Γραμματεία Αθλητισμού;

Γενική Γραμματεία Δημοσίων Έργων;

Γενική Γραμματεία Εθνικής Στατιστικής Υπηρεσίας Ελλάδος;

Εθνικό Συμβούλιο Κοινωνικής Φροντίδας;

Οργανισμός Εργατικής Κατοικίας;

Εθνικό Τυπογραφείο;

Γενικό Χημείο του Κράτους;

Ταμείο Εθνικής Οδοποιίας;

Εθνικό Καποδιστριακό Πανεπιστήμιο Αθηνών;

Αριστοτέλειο Πανεπιστήμιο Θεσσαλονίκης;

Δημοκρίτειο Πανεπιστήμιο Θράκης;

Πανεπιστήμιο Αιγαίου;

Πανεπιστήμιο Ιωαννίνων;

Πανεπιστήμιο Πατρών;

Πανεπιστήμιο Μακεδονίας;

Πολυτεχνείο Κρήτης;

Σιβιτανίδειος Δημόσια Σχολή Τεχνών και Επαγγελμάτων;

Αιγινήτειο Νοσοκομείο;

Αρεταίειο Νοσοκομείο;

Εθνικό Κέντρο Δημόσιας Διοίκησης;

Οργανισμός Διαχείρισης Δημοσίου Υλικού;

Οργανισμός Γεωργικών Ασφαλίσεων;

Οργανισμός Σχολικών Κτιρίων;

Γενικό Επιτελείο Στρατού;

Γενικό Επιτελείο Ναυτικού;

Γενικό Επιτελείο Αεροπορίας;

Ελληνική Επιτροπή Ατομικής Ενέργειας;

Γενική Γραμματεία Εκπαίδευσης Ενηλίκων;

Υπουργείο Εθνικής Άμυνας;

Γενική Γραμματεία Εμπορίου.

### SPAINU.K.

Presidencia de Gobierno

Ministerio de Asuntos Exteriores y de Cooperación

Ministerio de Justicia

Ministerio de Defensa

Ministerio de Economía y Hacienda

Ministerio del Interior

Ministerio de Fomento

Ministerio de Educación, Política Social y Deportes

Ministerio de Industria, Turismo y Comercio

Ministerio de Trabajo e Inmigración

Ministerio de la Presidencia

Ministerio de Administraciones Públicas

Ministerio de Cultura

Ministerio de Sanidad y Consumo

Ministerio de Medio Ambiente y Medio Rural y Marino

Ministerio de Vivienda

Ministerio de Ciencia e Innovación

Ministerio de Igualdad

### FRANCEU.K.

#### 1.MinistriesU.K.

Services du Premier ministre

Ministère chargé de la santé, de la jeunesse et des sports

Ministère chargé de l’intérieur, de l’outre-mer et des collectivités territoriales

Ministère chargé de la justice

Ministère chargé de la défense

Ministère chargé des affaires étrangères et européennes

Ministère chargé de l’éducation nationale

Ministère chargé de l’économie, des finances et de l’emploi

Secrétariat d’Etat aux transports

Secrétariat d’Etat aux entreprises et au commerce extérieur

Ministère chargé du travail, des relations sociales et de la solidarité

Ministère chargé de la culture et de la communication

Ministère chargé du budget, des comptes publics et de la fonction publique

Ministère chargé de l’agriculture et de la pêche

Ministère chargé de l’enseignement supérieur et de la recherche

Ministère chargé de l’écologie, du développement et de l’aménagement durables

Secrétariat d’Etat à la fonction publique

Ministère chargé du logement et de la ville

Secrétariat d’Etat à la coopération et à la francophonie

Secrétariat d’Etat à l’outre-mer

Secrétariat d’Etat à la jeunesse, des sports et de la vie associative

Secrétariat d’Etat aux anciens combattants

Ministère chargé de l’immigration, de l’intégration, de l’identité nationale et du co-développement

Secrétariat d’Etat en charge de la prospective et de l’évaluation des politiques publiques

Secrétariat d’Etat aux affaires européennes,

Secrétariat d’Etat aux affaires étrangères et aux droits de l’homme

Secrétariat d’Etat à la consommation et au tourisme

Secrétariat d’Etat à la politique de la ville

Secrétariat d’Etat à la solidarité

Secrétariat d’Etat en charge de l’industrie et de la consommation

Secrétariat d’Etat en charge de l’emploi

Secrétariat d’Etat en charge du commerce, de l’artisanat, des PME, du tourisme et des services

Secrétariat d’Etat en charge de l’écologie

Secrétariat d’Etat en charge du développement de la région-capitale

Secrétariat d’Etat en charge de l’aménagement du territoire

#### 2.Institutions, independent authorities and jurisdictionsU.K.

Présidence de la République

Assemblée Nationale

Sénat

Conseil constitutionnel

Conseil économique et social

Conseil supérieur de la magistrature

Agence française contre le dopage

Autorité de contrôle des assurances et des mutuelles

Autorité de contrôle des nuisances sonores aéroportuaires

Autorité de régulation des communications électroniques et des postes

Autorité de sûreté nucléaire

Autorité indépendante des marchés financiers

Comité national d’évaluation des établissements publics à caractère scientifique, culturel et professionnel

Commission d’accès aux documents administratifs

Commission consultative du secret de la défense nationale

Commission nationale des comptes de campagne et des financements politiques

Commission nationale de contrôle des interceptions de sécurité

Commission nationale de déontologie de la sécurité

Commission nationale du débat public

Commission nationale de l’informatique et des libertés

Commission des participations et des transferts

Commission de régulation de l’énergie

Commission de la sécurité des consommateurs

Commission des sondages

Commission de la transparence financière de la vie politique

Conseil de la concurrence

Conseil des ventes volontaires de meubles aux enchères publiques

Conseil supérieur de l’audiovisuel

Défenseur des enfants

Haute autorité de lutte contre les discriminations et pour l’égalité

Haute autorité de santé

Médiateur de la République

Cour de justice de la République

Tribunal des Conflits

Conseil d’Etat

Cours administratives d’appel

Tribunaux administratifs

Cour des Comptes

Chambres régionales des Comptes

Cours et tribunaux de l’ordre judiciaire (Cour de Cassation, Cours d’Appel, Tribunaux d’instance et Tribunaux de grande instance)

#### 3.National public establishmentsU.K.

Académie de France à Rome

Académie de marine

Académie des sciences d’outre-mer

Académie des technologies

Agence centrale des organismes de sécurité sociale (ACOSS)

Agence de biomédicine

Agence pour l’enseignement du français à l’étranger

Agence française de sécurité sanitaire des aliments

Agence française de sécurité sanitaire de l’environnement et du travail

Agence Nationale pour la cohésion sociale et l’égalité des chances

Agence nationale pour la garantie des droits des mineurs

Agences de l’eau

Agence Nationale de l’Accueil des Etrangers et des migrations

Agence nationale pour l’amélioration des conditions de travail (ANACT

Agence nationale pour l’amélioration de l’habitat (ANAH)

Agence Nationale pour la Cohésion Sociale et l’Egalité des Chances

Agence nationale pour l’indemnisation des français d’outre-mer (ANIFOM)

Assemblée permanente des chambres d’agriculture (APCA)

Bibliothèque publique d’information

Bibliothèque nationale de France

Bibliothèque nationale et universitaire de Strasbourg

Caisse des Dépôts et Consignations

Caisse nationale des autoroutes (CNA)

Caisse nationale militaire de sécurité sociale (CNMSS)

Caisse de garantie du logement locatif social

Casa de Velasquez

Centre d’enseignement zootechnique

Centre d’études de l’emploi

Centre d’études supérieures de la sécurité sociale

Centres de formation professionnelle et de promotion agricole

Centre hospitalier des Quinze-Vingts

Centre international d’études supérieures en sciences agronomiques (Montpellier Sup Agro)

Centre des liaisons européennes et internationales de sécurité sociale

Centre des Monuments Nationaux

Centre national d’art et de culture Georges Pompidou

Centre national des arts plastiques

Centre national de la cinématographie

Centre National d’Etudes et d’expérimentation du machinisme agricole, du génie rural, des eaux et des forêts (CEMAGREF)

Centre national du livre

Centre national de documentation pédagogique

Centre national des œuvres universitaires et scolaires (CNOUS)

Centre national professionnel de la propriété forestière

Centre National de la Recherche Scientifique (C.N.R.S)

Centres d’éducation populaire et de sport (CREPS)

Centres régionaux des œuvres universitaires (CROUS)

Collège de France

Conservatoire de l’espace littoral et des rivages lacustres

Conservatoire National des Arts et Métiers

Conservatoire national supérieur de musique et de danse de Paris

Conservatoire national supérieur de musique et de danse de Lyon

Conservatoire national supérieur d’art dramatique

Ecole centrale de Lille

Ecole centrale de Lyon

École centrale des arts et manufactures

École française d’archéologie d’Athènes

École française d’Extrême-Orient

École française de Rome

École des hautes études en sciences sociales

Ecole du Louvre

École nationale d’administration

École nationale de l’aviation civile (ENAC)

École nationale des Chartes

École nationale d’équitation

Ecole Nationale du Génie de l’Eau et de l’environnement de Strasbourg

Écoles nationales d’ingénieurs

Ecole nationale d’ingénieurs des industries des techniques agricoles et alimentaires de Nantes

Écoles nationales d’ingénieurs des travaux agricoles

École nationale de la magistrature

Écoles nationales de la marine marchande

École nationale de la santé publique (ENSP)

École nationale de ski et d’alpinisme

École nationale supérieure des arts décoratifs

École nationale supérieure des arts et techniques du théâtre

École nationale supérieure des arts et industries textiles Roubaix

Écoles nationales supérieures d’arts et métiers

École nationale supérieure des beaux-arts

École nationale supérieure de céramique industrielle

École nationale supérieure de l’électronique et de ses applications (ENSEA)

Ecole nationale supérieure du paysage de Versailles

Ecole Nationale Supérieure des Sciences de l’information et des bibliothécaires

Ecole nationale supérieure de la sécurité sociale

Écoles nationales vétérinaires

École nationale de voile

Écoles normales supérieures

École polytechnique

École technique professionnelle agricole et forestière de Meymac (Corrèze)

École de sylviculture Crogny (Aube)

École de viticulture et d’œnologie de la Tour- Blanche (Gironde)

École de viticulture — Avize (Marne)

Etablissement national d’enseignement agronomique de Dijon

Établissement national des invalides de la marine (ENIM)

Établissement national de bienfaisance Koenigswarter

Établissement public du musée et du domaine national de Versailles

Fondation Carnegie

Fondation Singer-Polignac

Haras nationaux

Hôpital national de Saint-Maurice

Institut des hautes études pour la science et la technologie

Institut français d’archéologie orientale du Caire

Institut géographique national

Institut National de l’origine et de la qualité

Institut national des hautes études de sécurité

Institut de veille sanitaire

Institut National d’enseignement supérieur et de recherche agronomique et agroalimentaire de Rennes

Institut National d’Etudes Démographiques (I.N.E.D)

Institut National d’Horticulture

Institut National de la jeunesse et de l’éducation populaire

Institut national des jeunes aveugles — Paris

Institut national des jeunes sourds — Bordeaux

Institut national des jeunes sourds — Chambéry

Institut national des jeunes sourds — Metz

Institut national des jeunes sourds — Paris

Institut national de physique nucléaire et de physique des particules (I.N.P.N.P.P)

Institut national de la propriété industrielle

Institut National de la Recherche Agronomique (I.N.R.A)

Institut National de la Recherche Pédagogique (I.N.R.P)

Institut National de la Santé et de la Recherche Médicale (I.N.S.E.R.M)

Institut national d’histoire de l’art (I.N.H.A.)

Institut national de recherches archéologiques préventives

Institut National des Sciences de l’Univers

Institut National des Sports et de l’Education Physique

Institut national supérieur de formation et de recherche pour l’éducation des jeunes handicapés et les enseignements inadaptés

Instituts nationaux polytechniques

Instituts nationaux des sciences appliquées

Institut national de recherche en informatique et en automatique (INRIA)

Institut national de recherche sur les transports et leur sécurité (INRETS)

Institut de Recherche pour le Développement

Instituts régionaux d’administration

Institut des Sciences et des Industries du vivant et de l’environnement (Agro Paris Tech)

Institut supérieur de mécanique de Paris

Institut Universitaires de Formation des Maîtres

Musée de l’armée

Musée Gustave-Moreau

Musée national de la marine

Musée national J.-J.-Henner

Musée du Louvre

Musée du Quai Branly

Muséum National d’Histoire Naturelle

Musée Auguste-Rodin

Observatoire de Paris

Office français de protection des réfugiés et apatrides

Office National des Anciens Combattants et des Victimes de Guerre (ONAC)

Office national de la chasse et de la faune sauvage

Office National de l’eau et des milieux aquatiques

Office national d’information sur les enseignements et les professions (ONISEP)

Office universitaire et culturel français pour l’Algérie

Ordre national de la Légion d’honneur

Palais de la découverte

Parcs nationaux

Universités

#### 4.Other national public bodiesU.K.

Union des groupements d’achats publics (UGAP)

Agence Nationale pour l’emploi (A.N.P.E)

Caisse Nationale des Allocations Familiales (CNAF)

Caisse Nationale d’Assurance Maladie des Travailleurs Salariés (CNAMS)

Caisse Nationale d’Assurance-Vieillesse des Travailleurs Salariés (CNAVTS)

### CROATIAU.K.

Hrvatski sabor

Predsjednik Republike Hrvatske

Ured predsjednika Republike Hrvatske

Ured predsjednika Republike Hrvatske po prestanku obnašanja dužnosti

Vlada Republike Hrvatske

uredi Vlade Republike Hrvatske

Ministarstvo gospodarstva

Ministarstvo regionalnog razvoja i fondova Europske unije

Ministarstvo financija

Ministarstvo obrane

Ministarstvo vanjskih i europskih poslova

Ministarstvo unutarnjih poslova

Ministarstvo pravosuđa

Ministarstvo uprave

Ministarstvo poduzetništva i obrta

Ministarstvo rada i mirovinskog sustava

Ministarstvo pomorstva, prometa i infrastrukture

Ministarstvo poljoprivrede

Ministarstvo turizma

Ministarstvo zaštite okoliša i prirode

Ministarstvo graditeljstva i prostornog uređenja

Ministarstvo branitelja

Ministarstvo socijalne politike i mladih

Ministarstvo zdravlja

Ministarstvo znanosti, obrazovanja i sporta

Ministarstvo kulture

državne upravne organizacije

uredi državne uprave u županijama

Ustavni sud Republike Hrvatske

Vrhovni sud Republike Hrvatske

sudovi

Državno sudbeno vijeće

državna odvjetništva

Državnoodvjetničko vijeće

pravobraniteljstva

Državna komisija za kontrolu postupaka javne nabave

Hrvatska narodna banka

državne agencije i uredi

Državni ured za reviziju

### ITALYU.K.

Purchasing bodies

Presidenza del Consiglio dei Ministri

Ministero degli Affari Esteri

Ministero dell’Interno

Ministero della Giustizia e Uffici giudiziari (esclusi i giudici di pace)

Ministero della Difesa

Ministero dell’Economia e delle Finanze

Ministero dello Sviluppo Economico

Ministero delle Politiche Agricole, Alimentari e Forestali

Ministero dell’Ambiente, Tutela del Territorio e del Mare

Ministero delle Infrastrutture e dei Trasporti

Ministero del Lavoro, della Salute e delle Politiche Sociali

Ministero dell’Istruzione, Università e Ricerca

Ministero per i Beni e le Attività culturali, comprensivo delle sue articolazioni periferiche

Other national public bodies:

CONSIP (Concessionaria Servizi Informatici Pubblici)

### CYPRUSU.K.

Προεδρία και Προεδρικό Μέγαρο

Γραφείο Συντονιστή Εναρμόνισης

Υπουργικό Συμβούλιο

Βουλή των Αντιπροσώπων

Δικαστική Υπηρεσία

Νομική Υπηρεσία της Δημοκρατίας

Ελεγκτική Υπηρεσία της Δημοκρατίας

Επιτροπή Δημόσιας Υπηρεσίας

Επιτροπή Εκπαιδευτικής Υπηρεσίας

Γραφείο Επιτρόπου Διοικήσεως

Επιτροπή Προστασίας Ανταγωνισμού

Υπηρεσία Εσωτερικού Ελέγχου

Γραφείο Προγραμματισμού

Γενικό Λογιστήριο της Δημοκρατίας

Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα

Γραφείο Εφόρου Δημοσίων Ενισχύσεων

Αναθεωρητική Αρχή Προσφορών

Υπηρεσία Εποπτείας και Ανάπτυξης Συνεργατικών Εταιρειών

Αναθεωρητική Αρχή Προσφύγων

Υπουργείο Άμυνας

Υπουργείο Γεωργίας, Φυσικών Πόρων και Περιβάλλοντος

Τμήμα Γεωργίας

Κτηνιατρικές Υπηρεσίες

Τμήμα Δασών

Τμήμα Αναπτύξεως Υδάτων

Τμήμα Γεωλογικής Επισκόπησης

Μετεωρολογική Υπηρεσία

Τμήμα Αναδασμού

Υπηρεσία Μεταλλείων

Ινστιτούτο Γεωργικών Ερευνών

Τμήμα Αλιείας και Θαλάσσιων Ερευνών

Υπουργείο Δικαιοσύνης και Δημοσίας Τάξεως

Αστυνομία

Πυροσβεστική Υπηρεσία Κύπρου

Τμήμα Φυλακών

Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού

Τμήμα Εφόρου Εταιρειών και Επίσημου Παραλήπτη

Υπουργείο Εργασίας και Κοινωνικών Ασφαλίσεων

Τμήμα Εργασίας

Τμήμα Κοινωνικών Ασφαλίσεων

Τμήμα Υπηρεσιών Κοινωνικής Ευημερίας

Κέντρο Παραγωγικότητας Κύπρου

Ανώτερο Ξενοδοχειακό Ινστιτούτο Κύπρου

Ανώτερο Τεχνολογικό Ινστιτούτο

Τμήμα Επιθεώρησης Εργασίας

Τμήμα Εργασιακών Σχέσεων

Υπουργείο Εσωτερικών

Επαρχιακές Διοικήσεις

Τμήμα Πολεοδομίας και Οικήσεως

Τμήμα Αρχείου Πληθυσμού και Μεταναστεύσεως

Τμήμα Κτηματολογίου και Χωρομετρίας

Γραφείο Τύπου και Πληροφοριών

Πολιτική Άμυνα

Υπηρεσία Μέριμνας και Αποκαταστάσεων Εκτοπισθέντων

Υπηρεσία Ασύλου

Υπουργείο Εξωτερικών

Υπουργείο Οικονομικών

Τελωνεία

Τμήμα Εσωτερικών Προσόδων

Στατιστική Υπηρεσία

Τμήμα Κρατικών Αγορών και Προμηθειών

Τμήμα Δημόσιας Διοίκησης και Προσωπικού

Κυβερνητικό Τυπογραφείο

Τμήμα Υπηρεσιών Πληροφορικής

Υπουργείο Παιδείας και Πολιτισμού

Υπουργείο Συγκοινωνιών και Έργων

Τμήμα Δημοσίων Έργων

Τμήμα Αρχαιοτήτων

Τμήμα Πολιτικής Αεροπορίας

Τμήμα Εμπορικής Ναυτιλίας

Τμήμα Οδικών Μεταφορών

Τμήμα Ηλεκτρομηχανολογικών Υπηρεσιών

Τμήμα Ηλεκτρονικών Επικοινωνιών

Υπουργείο Υγείας

Φαρμακευτικές Υπηρεσίες

Γενικό Χημείο

Ιατρικές Υπηρεσίες και Υπηρεσίες Δημόσιας Υγείας

Οδοντιατρικές Υπηρεσίες

Υπηρεσίες Ψυχικής Υγείας

### LATVIAU.K.

Ministries, secretariats of ministers for special assignments, and their subordinate institutions

Aizsardzības ministrija un tās padotībā esošās iestādes

Ārlietu ministrija un tas padotībā esošās iestādes

Bērnu un ģimenes lietu ministrija un tās padotībā esošas iestādes

Ekonomikas ministrija un tās padotībā esošās iestādes

Finanšu ministrija un tās padotībā esošās iestādes

Iekšlietu ministrija un tās padotībā esošās iestādes

Izglītības un zinātnes ministrija un tās padotībā esošās iestādes

Kultūras ministrija un tas padotībā esošās iestādes

Labklājības ministrija un tās padotībā esošās iestādes

Reģionālās attīstības un pašvaldības lietu ministrija un tās padotībā esošās iestādes

Satiksmes ministrija un tās padotībā esošās iestādes

Tieslietu ministrija un tās padotībā esošās iestādes

Veselības ministrija un tās padotībā esošās iestādes

Vides ministrija un tās padotībā esošās iestādes

Zemkopības ministrija un tās padotībā esošās iestādes

Īpašu uzdevumu ministra sekretariāti un to padotībā esošās iestādes

Satversmes aizsardzības birojs

Other state institution

Augstākā tiesa

Centrālā vēlēšanu komisija

Finanšu un kapitāla tirgus komisija

Latvijas Banka

Prokuratūra un tās pārraudzībā esošās iestādes

Saeimas kanceleja un tās padotībā esošās iestādes

Satversmes tiesa

Valsts kanceleja un tās padotībā esošās iestādes

Valsts kontrole

Valsts prezidenta kanceleja

Tiesībsarga birojs

Nacionālā radio un televīzijas padome

Citas valsts iestādes, kuras nav ministriju padotībā (Other state institutions not subordinate to ministries)

### LITHUANIAU.K.

Prezidentūros kanceliarija

Seimo kanceliarija

Institutions accountable to the Seimas [Parliament]: Lietuvos mokslo taryba;

Seimo kontrolierių įstaiga;

Valstybės kontrolė;

Specialiųjų tyrimų tarnyba;

Valstybės saugumo departamentas;

Konkurencijos taryba;

Lietuvos gyventojų genocido ir rezistencijos tyrimo centras;

Vertybinių popierių komisija;

Ryšių reguliavimo tarnyba;

Nacionalinė sveikatos taryba;

Etninės kultūros globos taryba;

Lygių galimybių kontrolieriaus tarnyba;

Valstybinė kultūros paveldo komisija;

Vaiko teisių apsaugos kontrolieriaus įstaiga;

Valstybinė kainų ir energetikos kontrolės komisija;

Valstybinė lietuvių kalbos komisija;

Vyriausioji rinkimų komisija;

Vyriausioji tarnybinės etikos komisija;

Žurnalistų etikos inspektoriaus tarnyba.

Vyriausybės kanceliarija

Institutions accountable to the Vyriausybė [Government]:

Ginklų fondas;

Informacinės visuomenės plėtros komitetas;

Kūno kultūros ir sporto departamentas;

Lietuvos archyvų departamentas;

Mokestinių ginčų komisija;

Statistikos departamentas;

Tautinių mažumų ir išeivijos departamentas;

Valstybinė tabako ir alkoholio kontrolės tarnyba;

Viešųjų pirkimų tarnyba;

Narkotikų kontrolės departamentas;

Valstybinė atominės energetikos saugos inspekcija;

Valstybinė duomenų apsaugos inspekcija;

Valstybinė lošimų priežiūros komisija;

Valstybinė maisto ir veterinarijos tarnyba;

Vyriausioji administracinių ginčų komisija;

Draudimo priežiūros komisija;

Lietuvos valstybinis mokslo ir studijų fondas;

Lietuvių grįžimo į Tėvynę informacijos centras.

Konstitucinis Teismas

Lietuvos bankas

Aplinkos ministerija

Institutions under the Aplinkos ministerija [Ministry of Environment]:

Generalinė miškų urėdija;

Lietuvos geologijos tarnyba;

Lietuvos hidrometeorologijos tarnyba;

Lietuvos standartizacijos departamentas;

Nacionalinis akreditacijos biuras;

Valstybinė metrologijos tarnyba;

Valstybinė saugomų teritorijų tarnyba;

Valstybinė teritorijų planavimo ir statybos inspekcija.

Finansų ministerija

Institutions under the Finansų ministerija [Ministry of Finance]:

Muitinės departamentas;

Valstybės dokumentų technologinės apsaugos tarnyba;

Valstybinė mokesčių inspekcija;

Finansų ministerijos mokymo centras.

Krašto apsaugos ministerija

Institutions under the Krašto apsaugos ministerija [Ministry of National Defence]:

Antrasis operatyvinių tarnybų departamentas;

Centralizuota finansų ir turto tarnyba;

Karo prievolės administravimo tarnyba;

Krašto apsaugos archyvas;

Krizių valdymo centras;

Mobilizacijos departamentas;

Ryšių ir informacinių sistemų tarnyba;

Infrastruktūros plėtros departamentas;

Valstybinis pilietinio pasipriešinimo rengimo centras.

Lietuvos kariuomenė

Krašto apsaugos sistemos kariniai vienetai ir tarnybos

Kultūros ministerija

Institutions under the Kultūros ministerija [Ministry of Culture]:

Kultūros paveldo departamentas;

Valstybinė kalbos inspekcija.

Socialinės apsaugos ir darbo ministerija

Institutions under the Socialinės apsaugos ir darbo ministerija [Ministry of Social Security and Labour]:

Garantinio fondo administracija;

Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba;

Lietuvos darbo birža;

Lietuvos darbo rinkos mokymo tarnyba;

Trišalės tarybos sekretoriatas;

Socialinių paslaugų priežiūros departamentas;

Darbo inspekcija;

Valstybinio socialinio draudimo fondo valdyba;

Neįgalumo ir darbingumo nustatymo tarnyba;

Ginčų komisija;

Techninės pagalbos neįgaliesiems centras;

Neįgaliųjų reikalų departamentas.

Susisiekimo ministerija

Institutions under the Susisiekimo ministerija [Ministry of Transport and Communications]:

Lietuvos automobilių kelių direkcija;

Valstybinė geležinkelio inspekcija;

Valstybinė kelių transporto inspekcija;

Pasienio kontrolės punktų direkcija.

Sveikatos apsaugos ministerija

Institutions under the Sveikatos apsaugos ministerija [Ministry of Health]:

Valstybinė akreditavimo sveikatos priežiūros veiklai tarnyba;

Valstybinė ligonių kasa;

Valstybinė medicininio audito inspekcija;

Valstybinė vaistų kontrolės tarnyba;

Valstybinė teismo psichiatrijos ir narkologijos tarnyba;

Valstybinė visuomenės sveikatos priežiūros tarnyba;

Farmacijos departamentas;

Sveikatos apsaugos ministerijos Ekstremalių sveikatai situacijų centras;

Lietuvos bioetikos komitetas;

Radiacinės saugos centras.

Švietimo ir mokslo ministerija

Institutions under the Švietimo ir mokslo ministerija [Ministry of Education and Science]:

Nacionalinis egzaminų centras;

Studijų kokybės vertinimo centras.

Teisingumo ministerija

Institutions under the Teisingumo ministerija [Ministry of Justice]:

Kalėjimų departamentas;

Nacionalinė vartotojų teisių apsaugos taryba;

Europos teisės departamentas.

Ūkio ministerija

Institutions under the Ūkio ministerija [Ministry of Economy]:

Įmonių bankroto valdymo departamentas;

Valstybinė energetikos inspekcija;

Valstybinė ne maisto produktų inspekcija;

Valstybinis turizmo departamentas.

Užsienio reikalų ministerija

Diplomatinės atstovybės ir konsulinės įstaigos užsienyje bei atstovybės prie tarptautinių organizacijų

Vidaus reikalų ministerija

Institutions under the Vidaus reikalų ministerija [Ministry of the Interior]:

Asmens dokumentų išrašymo centras;

Finansinių nusikaltimų tyrimo tarnyba;

Gyventojų registro tarnyba;

Policijos departamentas;

Priešgaisrinės apsaugos ir gelbėjimo departamentas;

Turto valdymo ir ūkio departamentas;

Vadovybės apsaugos departamentas;

Valstybės sienos apsaugos tarnyba;

Valstybės tarnybos departamentas;

Informatikos ir ryšių departamentas;

Migracijos departamentas;

Sveikatos priežiūros tarnyba;

Bendrasis pagalbos centras.

Žemės ūkio ministerija

Institutions under the Žemės ūkio ministerija [Ministry of Agriculture]:

Nacionalinė mokėjimo agentūra;

Nacionalinė žemės tarnyba;

Valstybinė augalų apsaugos tarnyba;

Valstybinė gyvulių veislininkystės priežiūros tarnyba;

Valstybinė sėklų ir grūdų tarnyba;

Žuvininkystės departamentas

Teismai [Courts]:

Lietuvos Aukščiausiasis Teismas;

Lietuvos apeliacinis teismas;

Lietuvos vyriausiasis administracinis teismas;

apygardų teismai;

apygardų administraciniai teismai;

apylinkių teismai;

Nacionalinė teismų administracija

Generalinė prokuratūra

Other Central Public Administration Entities (institucijos [institutions], įstaigos [establishments], tarnybos [agencies])

Aplinkos apsaugos agentūra;

Valstybinė aplinkos apsaugos inspekcija;

Aplinkos projektų valdymo agentūra;

Miško genetinių išteklių, sėklų ir sodmenų tarnyba;

Miško sanitarinės apsaugos tarnyba;

Valstybinė miškotvarkos tarnyba;

Nacionalinis visuomenės sveikatos tyrimų centras;

Lietuvos AIDS centras;

Nacionalinis organų transplantacijos biuras;

Valstybinis patologijos centras;

Valstybinis psichikos sveikatos centras;

Lietuvos sveikatos informacijos centras;

Slaugos darbuotojų tobulinimosi ir specializacijos centras;

Valstybinis aplinkos sveikatos centras;

Respublikinis mitybos centras;

Užkrečiamųjų ligų profilaktikos ir kontrolės centras;

Trakų visuomenės sveikatos priežiūros ir specialistų tobulinimosi centras;

Visuomenės sveikatos ugdymo centras;

Muitinės kriminalinė tarnyba;

Muitinės informacinių sistemų centras;

Muitinės laboratorija;

Muitinės mokymo centras;

Valstybinis patentų biuras;

Lietuvos teismo ekspertizės centras;

Centrinė hipotekos įstaiga;

Lietuvos metrologijos inspekcija;

Civilinės aviacijos administracija;

Lietuvos saugios laivybos administracija;

Transporto investicijų direkcija;

Valstybinė vidaus vandenų laivybos inspekcija;

Pabėgėlių priėmimo centras

### LUXEMBOURGU.K.

Ministère d’Etat

Ministère des Affaires Etrangères et de l’Immigration

Ministère de l’Agriculture, de la Viticulture et du Développement Rural

Ministère des Classes moyennes, du Tourisme et du Logement

Ministère de la Culture, de l’Enseignement Supérieur et de la Recherche

Ministère de l’Economie et du Commerce extérieur

Ministère de l’Education nationale et de la Formation professionnelle

Ministère de l’Egalité des chances

Ministère de l’Environnement

Ministère de la Famille et de l’Intégration

Ministère des Finances

Ministère de la Fonction publique et de la Réforme administrative

Ministère de l’Intérieur et de l’Aménagement du territoire

Ministère de la Justice

Ministère de la Santé

Ministère de la Sécurité sociale

Ministère des Transports

Ministère du Travail et de l’Emploi

Ministère des Travaux publics

### HUNGARYU.K.

Egészségügyi Minisztérium

Földművelésügyi és Vidékfejlesztési Minisztérium

Gazdasági és Közlekedési Minisztérium

Honvédelmi Minisztérium

Igazságügyi és Rendészeti Minisztérium

Környezetvédelmi és Vízügyi Minisztérium

Külügyminisztérium

Miniszterelnöki Hivatal

Oktatási és Kulturális Minisztérium

Önkormányzati és Területfejlesztési Minisztérium

Pénzügyminisztérium

Szociális és Munkaügyi Minisztérium

Központi Szolgáltatási Főigazgatóság

### MALTAU.K.

Uffiċċju tal-Prim Ministru (Office of the Prime Minister)

Ministeru għall-Familja u Solidarjeta' Soċjali (Ministry for the Family and Social Solidarity)

Ministeru ta' l-Edukazzjoni Zghazagh u Impjieg (Ministry for Education Youth and Employment)

Ministeru tal-Finanzi (Ministry of Finance)

Ministeru tar-Riżorsi u l-Infrastruttura (Ministry for Resources and Infrastructure)

Ministeru tat-Turiżmu u Kultura (Ministry for Tourism and Culture)

Ministeru tal-Ġustizzja u l-Intern (Ministry for Justice and Home Affairs)

Ministeru għall-Affarijiet Rurali u l-Ambjent (Ministry for Rural Affairs and the Environment)

Ministeru għal Għawdex (Ministry for Gozo)

Ministeru tas-Saħħa, l-Anzjani u Kura fil-Kommunita' (Ministry of Health, the Elderly and Community Care)

Ministeru ta' l-Affarijiet Barranin (Ministry of Foreign Affairs)

Ministeru għall-Investimenti, Industrija u Teknologija ta' Informazzjoni (Ministry for Investment, Industry and Information                     Technology)                  

Ministeru għall-Kompetittivà u Komunikazzjoni (Ministry for Competitiveness and Communications)

Ministeru għall-Iżvilupp Urban u Toroq (Ministry for Urban Development and Roads)

### NETHERLANDSU.K.

Ministerie van Algemene Zaken

Bestuursdepartement

Bureau van de Wetenschappelijke Raad voor het Regeringsbeleid

Rijksvoorlichtingsdienst

Ministerie van Binnenlandse Zaken en Koninkrijksrelaties

Bestuursdepartement

Centrale Archiefselectiedienst (CAS)

Algemene Inlichtingen- en Veiligheidsdienst (AIVD)

Agentschap Basisadministratie Persoonsgegevens en Reisdocumenten (BPR)

Agentschap Korps Landelijke Politiediensten

Ministerie van Buitenlandse Zaken

Directoraat-generaal Regiobeleid en Consulaire Zaken (DGRC)

Directoraat-generaal Politieke Zaken (DGPZ)

Directoraat-generaal Internationale Samenwerking (DGIS)

Directoraat-generaal Europese Samenwerking (DGES)

Centrum tot Bevordering van de Import uit Ontwikkelingslanden (CBI)

Centrale diensten ressorterend onder S/PlvS (Support services falling under the Secretary-general and Deputy Secretary-general)

Buitenlandse Posten (ieder afzonderlijk)

Ministerie van Defensie — (Ministry of Defence)

Bestuursdepartement

Commando Diensten Centra (CDC)

Defensie Telematica Organisatie (DTO)

Centrale directie van de Defensie Vastgoed Dienst

De afzonderlijke regionale directies van de Defensie Vastgoed Dienst

Defensie Materieel Organisatie (DMO)

Landelijk Bevoorradingsbedrijf van de Defensie Materieel Organisatie

Logistiek Centrum van de Defensie Materieel Organisatie

Marinebedrijf van de Defensie Materieel Organisatie

Defensie Pijpleiding Organisatie (DPO)

Ministerie van Economische Zaken

Bestuursdepartement

Centraal Planbureau (CPB)

SenterNovem

Staatstoezicht op de Mijnen (SodM)

Nederlandse Mededingingsautoriteit (NMa)

Economische Voorlichtingsdienst (EVD)

Agentschap Telecom

Kenniscentrum Professioneel & Innovatief Aanbesteden, Netwerk voor Overheidsopdrachtgevers (PIANOo)

Regiebureau Inkoop Rijksoverheid

Octrooicentrum Nederland

Consumentenautoriteit

Ministerie van Financiën

Bestuursdepartement

Belastingdienst Automatiseringscentrum

Belastingdienst

de afzonderlijke Directies der Rijksbelastingen (the various Divisions of the Tax and Customs Administration throughout the                     Netherlands)                  

Fiscale Inlichtingen- en Opsporingsdienst (incl. Economische Controle dienst (ECD))

Belastingdienst Opleidingen

Dienst der Domeinen

Ministerie van Justitie

Bestuursdepartement

Dienst Justitiële Inrichtingen

Raad voor de Kinderbescherming

Centraal Justitie Incasso Bureau

Openbaar Ministerie

Immigratie en Naturalisatiedienst

Nederlands Forensisch Instituut

Dienst Terugkeer & Vertrek

Ministerie van Landbouw, Natuur en Voedselkwaliteit

Bestuursdepartement

Dienst Regelingen (DR)

Agentschap Plantenziektenkundige Dienst (PD)

Algemene Inspectiedienst (AID)

Dienst Landelijk Gebied (DLG)

Voedsel en Waren Autoriteit (VWA)

Ministerie van Onderwijs, Cultuur en Wetenschappen

Bestuursdepartement

Inspectie van het Onderwijs

Erfgoedinspectie

Centrale Financiën Instellingen

Nationaal Archief

Adviesraad voor Wetenschaps- en Technologiebeleid

Onderwijsraad

Raad voor Cultuur

Ministerie van Sociale Zaken en Werkgelegenheid

Bestuursdepartement

Inspectie Werk en Inkomen

Agentschap SZW

Ministerie van Verkeer en Waterstaat

Bestuursdepartement

Directoraat-Generaal Transport en Luchtvaart

Directoraat-generaal Personenvervoer

Directoraat-generaal Water

Centrale diensten (Central Services)

Shared services Organisatie Verkeer en Watersaat

Koninklijke Nederlandse Meteorologisch Instituut KNMI

Rijkswaterstaat, Bestuur

De afzonderlijke regionale Diensten van Rijkswaterstaat (Each individual regional service of the Directorate-general of Public                     Works and Water Management)                  

De afzonderlijke specialistische diensten van Rijkswaterstaat (Each individual specialist service of the Directorate-general                     of Public Works and Water Management)                  

Adviesdienst Geo-Informatie en ICT

Adviesdienst Verkeer en Vervoer (AVV)

Bouwdienst

Corporate Dienst

Data ICT Dienst

Dienst Verkeer en Scheepvaart

Dienst Weg- en Waterbouwkunde (DWW)

Rijksinstituut voor Kunst en Zee (RIKZ)

Rijksinstituut voor Integraal Zoetwaterbeheer en Afvalwaterbehandeling (RIZA)

Waterdienst

Inspectie Verkeer en Waterstaat, Hoofddirectie

Port state Control

Directie Toezichtontwikkeling Communicatie en Onderzoek (TCO)

Toezichthouder Beheer Eenheid Lucht

Toezichthouder Beheer Eenheid Water

Toezichthouder Beheer Eenheid Land

Ministerie van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer

Bestuursdepartement

Directoraat-generaal Wonen, Wijken en Integratie

Directoraat-generaal Ruimte

Directoraat-general Milieubeheer

Rijksgebouwendienst

VROM Inspectie

Ministerie van Volksgezondheid, Welzijn en Sport

Bestuursdepartement

Inspectie Gezondheidsbescherming, Waren en Veterinaire Zaken

Inspectie Gezondheidszorg

Inspectie Jeugdhulpverlening en Jeugdbescherming

Rijksinstituut voor de Volksgezondheid en Milieu (RIVM)

Sociaal en Cultureel Planbureau

Agentschap t.b.v. het College ter Beoordeling van Geneesmiddelen

Tweede Kamer der Staten-Generaal

Eerste Kamer der Staten-Generaal

Raad van State

Algemene Rekenkamer

Nationale Ombudsman

Kanselarij der Nederlandse Orden

Kabinet der Koningin

Raad voor de rechtspraak en de Rechtbanken

### AUSTRIAU.K.

Bundeskanzleramt

Bundesministerium für europäische und internationale Angelegenheiten

Bundesministerium für Finanzen

Bundesministerium für Gesundheit, Familie und Jugend

Bundesministerium für Inneres

Bundesministerium für Justiz

Bundesministerium für Landesverteidigung

Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

Bundesministerium für Soziales und Konsumentenschutz

Bundesministerium für Unterricht, Kunst und Kultur

Bundesministerium für Verkehr, Innovation und Technologie

Bundesministerium für Wirtschaft und Arbeit

Bundesministerium für Wissenschaft und Forschung

Österreichische Forschungs- und Prüfzentrum Arsenal Gesellschaft m.b.H

Bundesbeschaffung G.m.b.H

Bundesrechenzentrum G.m.b.H

### POLANDU.K.

Kancelaria Prezydenta RP

Kancelaria Sejmu RP

Kancelaria Senatu RP

Kancelaria Prezesa Rady Ministrów

Sąd Najwyższy

Naczelny Sąd Administracyjny

Wojewódzkie sądy administracyjne

Sądy powszechne — rejonowe, okręgowe i apelacyjne

Trybunał Konstytucyjny

Najwyższa Izba Kontroli

Biuro Rzecznika Praw Obywatelskich

Biuro Rzecznika Praw Dziecka

Biuro Ochrony Rządu

Biuro Bezpieczeństwa Narodowego

Centralne Biuro Antykorupcyjne

Ministerstwo Pracy i Polityki Społecznej

Ministerstwo Finansów

Ministerstwo Gospodarki

Ministerstwo Rozwoju Regionalnego

Ministerstwo Kultury i Dziedzictwa Narodowego

Ministerstwo Edukacji Narodowej

Ministerstwo Obrony Narodowej

Ministerstwo Rolnictwa i Rozwoju Wsi

Ministerstwo Skarbu Państwa

Ministerstwo Sprawiedliwości

Ministerstwo Infrastruktury

Ministerstwo Nauki i Szkolnictwa Wyższego

Ministerstwo Środowiska

Ministerstwo Spraw Wewnętrznych i Administracji

Ministerstwo Spraw Zagranicznych

Ministerstwo Zdrowia

Ministerstwo Sportu i Turystyki

Urząd Komitetu Integracji Europejskiej

Urząd Patentowy Rzeczypospolitej Polskiej

Urząd Regulacji Energetyki

Urząd do Spraw Kombatantów i Osób Represjonowanych

Urząd Transportu Kolejowego

Urząd Dozoru Technicznego

Urząd Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych

Urząd do Spraw Repatriacji i Cudzoziemców

Urząd Zamówień Publicznych

Urząd Ochrony Konkurencji i Konsumentów

Urząd Lotnictwa Cywilnego

Urząd Komunikacji Elektronicznej

Wyższy Urząd Górniczy

Główny Urząd Miar

Główny Urząd Geodezji i Kartografii

Główny Urząd Nadzoru Budowlanego

Główny Urząd Statystyczny

Krajowa Rada Radiofonii i Telewizji

Generalny Inspektor Ochrony Danych Osobowych

Państwowa Komisja Wyborcza

Państwowa Inspekcja Pracy

Rządowe Centrum Legislacji

Narodowy Fundusz Zdrowia

Polska Akademia Nauk

Polskie Centrum Akredytacji

Polskie Centrum Badań i Certyfikacji

Polska Organizacja Turystyczna

Polski Komitet Normalizacyjny

Zakład Ubezpieczeń Społecznych

Komisja Nadzoru Finansowego

Naczelna Dyrekcja Archiwów Państwowych

Kasa Rolniczego Ubezpieczenia Społecznego

Generalna Dyrekcja Dróg Krajowych i Autostrad

Państwowa Inspekcja Ochrony Roślin i Nasiennictwa

Komenda Główna Państwowej Straży Pożarnej

Komenda Główna Policji

Komenda Główna Straży Granicznej

Inspekcja Jakości Handlowej Artykułów Rolno-Spożywczych

Główny Inspektorat Ochrony Środowiska

Główny Inspektorat Transportu Drogowego

Główny Inspektorat Farmaceutyczny

Główny Inspektorat Sanitarny

Główny Inspektorat Weterynarii

Agencja Bezpieczeństwa Wewnętrznego

Agencja Wywiadu

Agencja Mienia Wojskowego

Wojskowa Agencja Mieszkaniowa

Agencja Restrukturyzacji i Modernizacji Rolnictwa

Agencja Rynku Rolnego

Agencja Nieruchomości Rolnych

Państwowa Agencja Atomistyki

Polska Agencja Żeglugi Powietrznej

Polska Agencja Rozwiązywania Problemów Alkoholowych

Agencja Rezerw Materiałowych

Narodowy Bank Polski

Narodowy Fundusz Ochrony Środowiska i Gospodarki Wodnej

Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych

Instytut Pamięci Narodowej — Komisja Ścigania Zbrodni Przeciwko Narodowi Polskiemu

Rada Ochrony Pamięci Walk i Męczeństwa

Służba Celna Rzeczypospolitej Polskiej

Państwowe Gospodarstwo Leśne ‘Lasy Państwowe’

Polska Agencja Rozwoju Przedsiębiorczości

Urzędy wojewódzkie

Samodzielne Publiczne Zakłady Opieki Zdrowotnej, jeśli ich organem założycielskim jest minister, centralny organ administracji                     rządowej lub wojewoda                  

### PORTUGALU.K.

Presidência do Conselho de Ministros

Ministério das Finanças e da Administração Pública

Ministério da Defesa Nacional

Ministério dos Negócios Estrangeiros

Ministério da Administração Interna

Ministério da Justiça

Ministério da Economia e da Inovação

Ministério da Agricultura, Desenvolvimento Rural e Pescas

Ministério da Educação

Ministério da Ciência, Tecnologia e do Ensino Superior

Ministério da Cultura

Ministério da Saúde

Ministério do Trabalho e da Solidariedade Social

Ministério das Obras Públicas, Transportes e Comunicações

Ministério do Ambiente, do Ordenamento do Território e do Desenvolvimento Regional

Presidença da Republica

Tribunal Constitucional

Tribunal de Contas

Provedoria de Justiça

### ROMANIAU.K.

Administrația Prezidențială

Senatul României

Camera Deputaților

Inalta Curte de Casație și Justiție

Curtea Constituțională

Consiliul Legislativ

Curtea de Conturi

Consiliul Superior al Magistraturii

Parchetul de pe lângă Inalta Curte de Casație și Justiție

Secretariatul General al Guvernului

Cancelaria primului ministru

Ministerul Afacerilor Externe

Ministerul Economiei și Finanțelor

Ministerul Justiției

Ministerul Apărării

Ministerul Internelor și Reformei Administrative

Ministerul Muncii, Familiei și Egalității de Șanse

Ministerul pentru Intreprinderi Mici și Mijlocii, Comerț, Turism și Profesii Liberale

Ministerul Agriculturii și Dezvoltării Rurale

Ministerul Transporturilor

Ministerul Dezvoltării, Lucrărilor Publice și Locuinței

Ministerul Educației Cercetării și Tineretului

Ministerul Sănătății Publice

Ministerul Culturii și Cultelor

Ministerul Comunicațiilor și Tehnologiei Informației

Ministerul Mediului și Dezvoltării Durabile

Serviciul Român de Informații

Serviciul de Informații Externe

Serviciul de Protecție și Pază

Serviciul de Telecomunicații Speciale

Consiliul Național al Audiovizualului

Consiliul Concurenței (CC)

Direcția Națională Anticorupție

Inspectoratul General de Poliție

Autoritatea Națională pentru Reglementarea și Monitorizarea Achizițiilor Publice

Consiliul Național de Soluționare a Contestațiilor

Autoritatea Națională de Reglementare pentru Serviciile Comunitare de Utilități Publice (ANRSC)

Autoritatea Națională Sanitară Veterinară și pentru Siguranța Alimentelor

Autoritatea Națională pentru Protecția Consumatorilor

Autoritatea Navală Română

Autoritatea Feroviară Română

Autoritatea Rutieră Română

Autoritatea Națională pentru Protecția Drepturilor Copilului

Autoritatea Națională pentru Persoanele cu Handicap

Autoritatea Națională pentru Turism

Autoritatea Națională pentru Restituirea Proprietăților

Autoritatea Națională pentru Tineret

Autoritatea Națională pentru Cercetare Științifică

Autoritatea Națională pentru Reglementare în Comunicații și Tehnologia Informației

Autoritatea Națională pentru Serviciile Societății Informaționale

Autoritatea Electorală Permanente

Agenția pentru Strategii Guvernamentale

Agenția Națională a Medicamentului

Agenția Națională pentru Sport

Agenția Națională pentru Ocuparea Forței de Muncă

Agenția Națională de Reglementare în Domeniul Energiei

Agenția Română pentru Conservarea Energiei

Agenția Națională pentru Resurse Minerale

Agenția Română pentru Investiții Străine

Agenția Națională pentru Întreprinderi Mici și Mijlocii și Cooperație

Agenția Națională a Funcționarilor Publici

Agenția Națională de Administrare Fiscală

Agenția de Compensare pentru Achiziții de Tehnică Specială

Agenția Națională Anti-doping

Agenția Nucleară

Agenția Națională pentru Protecția Familiei

Agenția Națională pentru Egalitatea de Șanse între Bărbați și Femei

Agenția Națională pentru Protecția Mediului

Agenția națională Antidrog

### SLOVENIAU.K.

Predsednik Republike Slovenije

Državni zbor Republike Slovenije

Državni svet Republike Slovenije

Varuh človekovih pravic

Ustavno sodišče Republike Slovenije

Računsko sodišče Republike Slovenije

Državna revizijska komisja za revizijo postopkov oddaje javnih naročil

Slovenska akademija znanosti in umetnosti

Vladne službe

Ministrstvo za finance

Ministrstvo za notranje zadeve

Ministrstvo za zunanje zadeve

Ministrstvo za obrambo

Ministrstvo za pravosodje

Ministrstvo za gospodarstvo

Ministrstvo za kmetijstvo, gozdarstvo in prehrano

Ministrstvo za promet

Ministrstvo za okolje in prostor

Ministrstvo za delo, družino in socialne zadeve

Ministrstvo za zdravje

Ministrstvo za javno upravo

Ministrstvo za šolstvo in šport

Ministrstvo za visoko šolstvo, znanost in tehnologijo

Ministrstvo za kulturo

Vrhovno sodišče Republike Slovenije

višja sodišča

okrožna sodišča

okrajna sodišča

Vrhovno državno tožilstvo Republike Slovenije

Okrožna državna tožilstva

Državno pravobranilstvo

Upravno sodišče Republike Slovenije

Višje delovno in socialno sodišče

delovna sodišča

Davčna uprava Republike Slovenije

Carinska uprava Republike Slovenije

Urad Republike Slovenije za preprečevanje pranja denarja

Urad Republike Slovenije za nadzor prirejanja iger na srečo

Uprava Republike Slovenije za javna plačila

Urad Republike Slovenije za nadzor proračuna

Policija

Inšpektorat Republike Slovenije za notranje zadeve

Generalštab Slovenske vojske

Uprava Republike Slovenije za zaščito in reševanje

Inšpektorat Republike Slovenije za obrambo

Inšpektorat Republike Slovenije za varstvo pred naravnimi in drugimi nesrečami

Uprava Republike Slovenije za izvrševanje kazenskih sankcij

Urad Republike Slovenije za varstvo konkurence

Urad Republike Slovenije za varstvo potrošnikov

Tržni inšpektorat Republike Slovenije

Urad Republike Slovenije za intelektualno lastnino

Inšpektorat Republike Slovenije za elektronske komunikacije, elektronsko podpisovanje in pošto

Inšpektorat za energetiko in rudarstvo

Agencija Republike Slovenije za kmetijske trge in razvoj podeželja

Inšpektorat Republike Slovenije za kmetijstvo, gozdarstvo in hrano

Fitosanitarna uprava Republike Slovenije

Veterinarska uprava Republike Slovenije

Uprava Republike Slovenije za pomorstvo

Direkcija Republike Slovenije za caste

Prometni inšpektorat Republike Slovenije

Direkcija za vodenje investicij v javno železniško infrastrukturo

Agencija Republike Slovenije za okolje

Geodetska uprava Republike Slovenije

Uprava Republike Slovenije za jedrsko varstvo

Inšpektorat Republike Slovenije za okolje in prostor

Inšpektorat Republike Slovenije za delo

Zdravstveni inšpektorat

Urad Republike Slovenije za kemikalije

Uprava Republike Slovenije za varstvo pred sevanji

Urad Republike Slovenije za meroslovje

Urad za visoko šolstvo

Urad Republike Slovenije za mladino

Inšpektorat Republike Slovenije za šolstvo in šport

Arhiv Republike Slovenije

Inšpektorat Republike Slovenije za kulturo in medije

Kabinet predsednika Vlade Republike Slovenije

Generalni sekretariat Vlade Republike Slovenije

Služba vlade za zakonodajo

Služba vlade za evropske zadeve

Služba vlade za lokalno samoupravo in regionalno politiko

Urad vlade za komuniciranje

Urad za enake možnosti

Urad za verske skupnosti

Urad za narodnosti

Urad za makroekonomske analize in razvoj

Statistični urad Republike Slovenije

Slovenska obveščevalno-varnostna agencija

Protokol Republike Slovenije

Urad za varovanje tajnih podatkov

Urad za Slovence v zamejstvu in po svetu

Služba Vlade Republike Slovenije za razvoj

Informacijski pooblaščenec

Državna volilna komisija

### SLOVAKIAU.K.

Ministries and other central government authorities referred to as in Act No. 575/2001 Coll. on the structure of activities                     of the Government and central state administration authorities in wording of later regulations:                  

Kancelária Prezidenta Slovenskej republiky

Národná rada Slovenskej republiky

Ministerstvo hospodárstva Slovenskej republiky

Ministerstvo financií Slovenskej republiky

Ministerstvo dopravy, pôšt a telekomunikácií Slovenskej republiky

Ministerstvo pôdohospodárstva Slovenskej republiky

Ministerstvo výstavby a regionálneho rozvoja Slovenskej republiky

Ministerstvo vnútra Slovenskej republiky

Ministerstvo obrany Slovenskej republiky

Ministerstvo spravodlivosti Slovenskej republiky

Ministerstvo zahraničných vecí Slovenskej republiky

Ministerstvo práce, sociálnych vecí a rodiny Slovenskej republiky

Ministerstvo životného prostredia Slovenskej republiky

Ministerstvo školstva Slovenskej republiky

Ministerstvo kultúry Slovenskej republiky

Ministerstvo zdravotníctva Slovenskej republiky

Úrad vlády Slovenskej republiky

Protimonopolný úrad Slovenskej republiky

Štatistický úrad Slovenskej republiky

Úrad geodézie, kartografie a katastra Slovenskej republiky

Úrad jadrového dozoru Slovenskej republiky

Úrad pre normalizáciu, metrológiu a skúšobníctvo Slovenskej republiky

Úrad pre verejné obstarávanie

Úrad priemyselného vlastníctva Slovenskej republiky

Správa štátnych hmotných rezerv Slovenskej republiky

Národný bezpečnostný úrad

Ústavný súd Slovenskej republiky

Najvyšši súd Slovenskej republiky

Generálna prokuratura Slovenskej republiky

Najvyšši kontrolný úrad Slovenskej republiky

Telekomunikačný úrad Slovenskej republiky

Úrad priemyselného vlastníctva Slovenskej republiky

Úrad pre finančný trh

Úrad na ochranu osobn ý ch udajov

Kancelária verejneho ochranu prav

### FINLANDU.K.

Oikeuskanslerinvirasto — Justitiekanslersämbetet

Liikenne- ja viestintäministeriö — Kommunikationsministeriet

Ajoneuvohallintokeskus AKE — Fordonsförvaltningscentralen AKE

Ilmailuhallinto — Luftfartsförvaltningen

Ilmatieteen laitos — Meteorologiska institutet

Merenkulkulaitos — Sjöfartsverket

Merentutkimuslaitos — Havsforskningsinstitutet

Ratahallintokeskus RHK — Banförvaltningscentralen RHK

Rautatievirasto — Järnvägsverket

Tiehallinto — Vägförvaltningen

Viestintävirasto — Kommunikationsverket

Maa- ja metsätalousministeriö — Jord- och skogsbruksministeriet

Elintarviketurvallisuusvirasto — Livsmedelssäkerhetsverket

Maanmittauslaitos — Lantmäteriverket

Maaseutuvirasto — Landsbygdsverket

Oikeusministeriö — Justitieministeriet

Tietosuojavaltuutetun toimisto — Dataombudsmannens byrå

Tuomioistuimet — Domstolar

Korkein oikeus — Högsta domstolen

Korkein hallinto-oikeus — Högsta förvaltningsdomstolen

Hovioikeudet — Hovrätter

Käräjäoikeudet — Tingsrätter

Hallinto-oikeudet –Förvaltningsdomstolar

Markkinaoikeus — Marknadsdomstolen

Työtuomioistuin — Arbetsdomstolen

Vakuutusoikeus — Försäkringsdomstolen

Kuluttajariitalautakunta — Konsumenttvistenämnden

Vankeinhoitolaitos — Fångvårdsväsendet

HEUNI — Yhdistyneiden Kansakuntien yhteydessä toimiva Euroopan kriminaalipolitiikan instituutti — HEUNI — Europeiska institutet                     för kriminalpolitik, verksamt i anslutning till Förenta nationerna                  

Konkurssiasiamiehen toimisto — Konkursombudsmannens byrå

Kuluttajariitalautakunta — Konsumenttvistenämnden

Oikeushallinnon palvelukeskus — Justitieförvaltningens servicecentral

Oikeushallinnon tietotekniikkakeskus — Justitieförvaltningens datateknikcentral

Oikeuspoliittinen tutkimuslaitos (Optula) — Rättspolitiska forskningsinstitutet

Oikeusrekisterikeskus — Rättsregistercentralen

Onnettomuustutkintakeskus — Centralen för undersökning av olyckor

Rikosseuraamusvirasto — Brottspåföljdsverket

Rikosseuraamusalan koulutuskeskus — Brottspåföljdsområdets utbildningscentral

Rikoksentorjuntaneuvosto — Rådet för brottsförebyggande

Saamelaiskäräjät — Sametinget

Valtakunnansyyttäjänvirasto — Riksåklagarämbetet

Vankeinhoitolaitos — Fångvårdsväsendet

Opetusministeriö — Undervisningsministeriet

Opetushallitus — Utbildningsstyrelsen

Valtion elokuvatarkastamo — Statens filmgranskningsbyrå

Puolustusministeriö — Försvarsministeriet

Puolustusvoimat — Försvarsmakten

Sisäasiainministeriö — Inrikesministeriet

Väestörekisterikeskus — Befolkningsregistercentralen

Keskusrikospoliisi — Centralkriminalpolisen

Liikkuva poliisi — Rörliga polisen

Rajavartiolaitos — Gränsbevakningsväsendet

Lääninhallitukset — Länstyrelserna

Suojelupoliisi — Skyddspolisen

Poliisiammattikorkeakoulu — Polisyrkeshögskolan

Poliisin tekniikkakeskus — Polisens teknikcentral

Poliisin tietohallintokeskus — Polisens datacentral

Helsingin kihlakunnan poliisilaitos — Polisinrättningen i Helsingfors

Pelastusopisto — Räddningsverket

Hätäkeskuslaitos — Nödcentralsverket

Maahanmuuttovirasto — Migrationsverket

Sisäasiainhallinnon palvelukeskus — Inrikesförvaltningens servicecentral

Sosiaali- ja terveysministeriö — Social- och hälsovårdsministeriet

Työttömyysturvan muutoksenhakulautakunta — Besvärsnämnden för utkomstskyddsärenden

Sosiaaliturvan muutoksenhakulautakunta — Besvärsnämnden för social trygghet

Lääkelaitos — Läkemedelsverket

Terveydenhuollon oikeusturvakeskus — Rättsskyddscentralen för hälsovården

Säteilyturvakeskus — Strålsäkerhetscentralen

Kansanterveyslaitos — Folkhälsoinstitutet

Lääkehoidon kehittämiskeskus ROHTO — Utvecklingscentralen för läkemedelsbe-handling

Sosiaali- ja terveydenhuollon tuotevalvontakeskus — Social- och hälsovårdens produkttillsynscentral

Sosiaali- ja terveysalan tutkimus- ja kehittämiskeskus Stakes — Forsknings- och utvecklingscentralen för social- och hälsovården                     Stakes                  

Vakuutusvalvontavirasto — Försäkringsinspektionen

Työ- ja elinkeinoministeriö — Arbets- och näringsministeriet

Kuluttajavirasto — Konsumentverket

Kilpailuvirasto — Konkurrensverket

Patentti- ja rekisterihallitus — Patent- och registerstyrelsen

Valtakunnansovittelijain toimisto — Riksförlikningsmännens byrå

Valtion turvapaikanhakijoiden vastaanottokeskukset – Statliga förläggningar för asylsökande

Energiamarkkinavirasto - Energimarknadsverket

Geologian tutkimuskeskus — Geologiska forskningscentralen

Huoltovarmuuskeskus — Försörjningsberedskapscentralen

Kuluttajatutkimuskeskus — Konsumentforskningscentralen

Matkailun edistämiskeskus (MEK) — Centralen för turistfrämjande

Mittatekniikan keskus (MIKES) — Mätteknikcentralen

Tekes — teknologian ja innovaatioiden kehittämiskeskus -Tekes — utvecklingscentralen för teknologi och innovationer

Turvatekniikan keskus (TUKES) — Säkerhetsteknikcentralen

Valtion teknillinen tutkimuskeskus (VTT) — Statens tekniska forskningscentral

Syrjintälautakunta — Nationella diskrimineringsnämnden

Työneuvosto — Arbetsrådet

Vähemmistövaltuutetun toimisto — Minoritetsombudsmannens byrå

Ulkoasiainministeriö — Utrikesministeriet

Valtioneuvoston kanslia — Statsrådets kansli

Valtiovarainministeriö — Finansministeriet

Valtiokonttori — Statskontoret

Verohallinto — Skatteförvaltningen

Tullilaitos — Tullverket

Tilastokeskus — Statistikcentralen

Valtion taloudellinen tutkimuskeskus — Statens ekonomiska forskningscentral

Ympäristöministeriö — Miljöministeriet

Suomen ympäristökeskus — Finlands miljöcentral

Asumisen rahoitus- ja kehityskeskus — Finansierings- och utvecklingscentralen för boendet

Valtiontalouden tarkastusvirasto — Statens revisionsverk

### SWEDENU.K.

#### AU.K.

Affärsverket svenska kraftnät

Akademien för de fria konsterna

Alkohol- och läkemedelssortiments-nämnden

Allmänna pensionsfonden

Allmänna reklamationsnämnden

Ambassader

Ansvarsnämnd, statens

Arbetsdomstolen

Arbetsförmedlingen

Arbetsgivarverk, statens

Arbetslivsinstitutet

Arbetsmiljöverket

Arkitekturmuseet

Arrendenämnder

Arvsfondsdelegationen

Arvsfondsdelegationen

#### BU.K.

Banverket

Barnombudsmannen

Beredning för utvärdering av medicinsk metodik, statens

Bergsstaten

Biografbyrå, statens

Biografiskt lexikon, svenskt

Birgittaskolan

Blekinge tekniska högskola

Bokföringsnämnden

Bolagsverket

Bostadsnämnd, statens

Bostadskreditnämnd, statens

Boverket

Brottsförebyggande rådet

Brottsoffermyndigheten

#### CU.K.

Centrala studiestödsnämnden

#### DU.K.

Danshögskolan

Datainspektionen

Departementen

Domstolsverket

Dramatiska institutet

#### EU.K.

Ekeskolan

Ekobrottsmyndigheten

Ekonomistyrningsverket

Ekonomiska rådet

Elsäkerhetsverket

Energimarknadsinspektionen

Energimyndighet, statens

EU/FoU-rådet

Exportkreditnämnden

Exportråd, Sveriges

#### FU.K.

Fastighetsmäklarnämnden

Fastighetsverk, statens

Fideikommissnämnden

Finansinspektionen

Finanspolitiska rådet

Finsk-svenska gränsälvskommissionen

Fiskeriverket

Flygmedicincentrum

Folkhälsoinstitut, statens

Fonden för fukt- och mögelskador

Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas

Folke Bernadotte Akademin

Forskarskattenämnden

Forskningsrådet för arbetsliv och socialvetenskap

Fortifikationsverket

Forum för levande historia

Försvarets materielverk

Försvarets radioanstalt

Försvarets underrättelsenämnd

Försvarshistoriska museer, statens

Försvarshögskolan

Försvarsmakten

Försäkringskassan

#### GU.K.

Gentekniknämnden

Geologiska undersökning

Geotekniska institut, statens

Giftinformationscentralen

Glesbygdsverket

Grafiska institutet och institutet för högre kommunikation- och reklamutbildning

Granskningsnämnden för radio och TV

Granskningsnämnden för försvarsuppfinningar

Gymnastik- och Idrottshögskolan

Göteborgs universitet

#### HU.K.

Handelsflottans kultur- och fritidsråd

Handelsflottans pensionsanstalt

Handelssekreterare

Handelskamrar, auktoriserade

Handikappombudsmannen

Handikappråd, statens

Harpsundsnämnden

Haverikommission, statens

Historiska museer, statens

Hjälpmedelsinstitutet

Hovrätterna

Hyresnämnder

Häktena

Hälso- och sjukvårdens ansvarsnämnd

Högskolan Dalarna

Högskolan i Borås

Högskolan i Gävle

Högskolan i Halmstad

Högskolan i Kalmar

Högskolan i Karlskrona/Ronneby

Högskolan i Kristianstad

Högskolan i Skövde

Högskolan i Trollhättan/Uddevalla

Högskolan på Gotland

Högskolans avskiljandenämnd

Högskoleverket

Högsta domstolen

#### IU.K.

ILO kommittén

Inspektionen för arbetslöshetsförsäkringen

Inspektionen för strategiska produkter

Institut för kommunikationsanalys, statens

Institut för psykosocial medicin, statens

Institut för särskilt utbildningsstöd, statens

Institutet för arbetsmarknadspolitisk utvärdering

Institutet för rymdfysik

Institutet för tillväxtpolitiska studier

Institutionsstyrelse, statens

Insättningsgarantinämnden

Integrationsverket

Internationella programkontoret för utbildningsområdet

#### JU.K.

Jordbruksverk, statens

Justitiekanslern

Jämställdhetsombudsmannen

Jämställdhetsnämnden

Järnvägar, statens

Järnvägsstyrelsen

#### KU.K.

Kammarkollegiet

Kammarrätterna

Karlstads universitet

Karolinska Institutet

Kemikalieinspektionen

Kommerskollegium

Konjunkturinstitutet

Konkurrensverket

Konstfack

Konsthögskolan

Konstnärsnämnden

Konstråd, statens

Konsulat

Konsumentverket

Krigsvetenskapsakademin

Krigsförsäkringsnämnden

Kriminaltekniska laboratorium, statens

Kriminalvården

Krisberedskapsmyndigheten

Kristinaskolan

Kronofogdemyndigheten

Kulturråd, statens

Kungl. Biblioteket

Kungl. Konsthögskolan

Kungl. Musikhögskolan i Stockholm

Kungl. Tekniska högskolan

Kungl. Vitterhets-, historie- och antikvitetsakademien

Kungl Vetenskapsakademin

Kustbevakningen

Kvalitets- och kompetensråd, statens

Kärnavfallsfondens styrelse

#### LU.K.

Lagrådet

Lantbruksuniversitet, Sveriges

Lantmäteriverket

Linköpings universitet

Livrustkammaren, Skoklosters slott och Hallwylska museet

Livsmedelsverk, statens

Livsmedelsekonomiska institutet

Ljud- och bildarkiv, statens

Lokala säkerhetsnämnderna vid kärnkraftverk

Lotteriinspektionen

Luftfartsverket

Luftfartsstyrelsen

Luleå tekniska universitet

Lunds universitet

Läkemedelsverket

Läkemedelsförmånsnämnden

Länsrätterna

Länsstyrelserna

Lärarhögskolan i Stockholm

#### MU.K.

Malmö högskola

Manillaskolan

Maritima muséer, statens

Marknadsdomstolen

Medlingsinstitutet

Meteorologiska och hydrologiska institut, Sveriges

Migrationsverket

Militärhögskolor

Mittuniversitetet

Moderna museet

Museer för världskultur, statens

Musikaliska Akademien

Musiksamlingar, statens

Myndigheten för handikappolitisk samordning

Myndigheten för internationella adoptionsfrågor

Myndigheten för skolutveckling

Myndigheten för kvalificerad yrkesutbildning

Myndigheten för nätverk och samarbete inom högre utbildning

Myndigheten för Sveriges nätuniversitet

Myndigheten för utländska investeringar i Sverige

Mälardalens högskola

#### NU.K.

Nationalmuseum

Nationellt centrum för flexibelt lärande

Naturhistoriska riksmuseet

Naturvårdsverket

Nordiska Afrikainstitutet

Notarienämnden

Nämnd för arbetstagares uppfinningar, statens

Nämnden för statligt stöd till trossamfund

Nämnden för styrelserepresentationsfrågor

Nämnden mot diskriminering

Nämnden för elektronisk förvaltning

Nämnden för RH anpassad utbildning

Nämnden för hemslöjdsfrågor

#### OU.K.

Oljekrisnämnden

Ombudsmannen mot diskriminering på grund av sexuell läggning

Ombudsmannen mot etnisk diskriminering

Operahögskolan i Stockholm

#### PU.K.

Patent- och registreringsverket

Patentbesvärsrätten

Pensionsverk, statens

Personregisternämnd statens, SPAR-nämnden

Pliktverk, Totalförsvarets

Polarforskningssekretariatet

Post- och telestyrelsen

Premiepensionsmyndigheten

Presstödsnämnden

#### RU.K.

Radio- och TV–verket

Rederinämnden

Regeringskansliet

Regeringsrätten

Resegarantinämnden

Registernämnden

Revisorsnämnden

Riksantikvarieämbetet

Riksarkivet

Riksbanken

Riksdagsförvaltningen

Riksdagens ombudsmän

Riksdagens revisorer

Riksgäldskontoret

Rikshemvärnsrådet

Rikspolisstyrelsen

Riksrevisionen

Rikstrafiken

Riksutställningar, Stiftelsen

Riksvärderingsnämnden

Rymdstyrelsen

Rådet för Europeiska socialfonden i Sverige

Räddningsverk, statens

Rättshjälpsmyndigheten

Rättshjälpsnämnden

Rättsmedicinalverket

#### SU.K.

Samarbetsnämnden för statsbidrag till trossamfund

Sameskolstyrelsen och sameskolor

Sametinget

SIS, Standardiseringen i Sverige

Sjöfartsverket

Skatterättsnämnden

Skatteverket

Skaderegleringsnämnd, statens

Skiljenämnden i vissa trygghetsfrågor

Skogsstyrelsen

Skogsvårdsstyrelserna

Skogs och lantbruksakademien

Skolverk, statens

Skolväsendets överklagandenämnd

Smittskyddsinstitutet

Socialstyrelsen

Specialpedagogiska institutet

Specialskolemyndigheten

Språk- och folkminnesinstitutet

Sprängämnesinspektionen

Statistiska centralbyrån

Statskontoret

Stockholms universitet

Stockholms internationella miljöinstitut

Strålsäkerhetsmyndigheten

Styrelsen för ackreditering och teknisk kontroll

Styrelsen för internationellt utvecklingssamarbete, SIDA

Styrelsen för Samefonden

Styrelsen för psykologiskt försvar

Stängselnämnden

Svenska institutet

Svenska institutet för europapolitiska studier

Svenska ESF rådet

Svenska Unescorådet

Svenska FAO kommittén

Svenska Språknämnden

Svenska Skeppshypotekskassan

Svenska institutet i Alexandria

Sveriges författarfond

Säkerhetspolisen

Säkerhets- och integritetsskyddsnämnden

Södertörns högskola

#### TU.K.

Taltidningsnämnden

Talboks- och punktskriftsbiblioteket

Teaterhögskolan i Stockholm

Tingsrätterna

Tjänstepensions och grupplivnämnd, statens

Tjänsteförslagsnämnden för domstolsväsendet

Totalförsvarets forskningsinstitut

Totalförsvarets pliktverk

Tullverket

Turistdelegationen

#### UU.K.

Umeå universitet

Ungdomsstyrelsen

Uppsala universitet

Utlandslönenämnd, statens

Utlänningsnämnden

Utrikesförvaltningens antagningsnämnd

Utrikesnämnden

Utsädeskontroll, statens

#### VU.K.

Valideringsdelegationen

Valmyndigheten

Vatten- och avloppsnämnd, statens

Vattenöverdomstolen

Verket för förvaltningsutveckling

Verket för högskoleservice

Verket för innovationssystem (VINNOVA)

Verket för näringslivsutveckling (NUTEK)

Vetenskapsrådet

Veterinärmedicinska anstalt, statens

Veterinära ansvarsnämnden

Väg- och transportforskningsinstitut, statens

Vägverket

Vänerskolan

Växjö universitet

Växtsortnämnd, statens

#### ÅU.K.

Åklagarmyndigheten

Åsbackaskolan

#### ÖU.K.

Örebro universitet

Örlogsmannasällskapet

Östervångsskolan

Överbefälhavaren

Överklagandenämnden för högskolan

Överklagandenämnden för nämndemanna-uppdrag

Överklagandenämnden för studiestöd

Överklagandenämnden för totalförsvaret

### UNITED KINGDOMU.K.

Cabinet Office

Office of the Parliamentary Counsel

Central Office of Information

Charity Commission

Crown Estate Commissioners (Vote Expenditure Only)

Crown Prosecution Service

Department for Business, Enterprise and Regulatory Reform

Competition Commission

Gas and Electricity Consumers’ Council

Office of Manpower Economics

Department for Children, Schools and Families

Department of Communities and Local Government

Rent Assessment Panels

Department for Culture, Media and Sport

British Library

British Museum

Commission for Architecture and the Built Environment

The Gambling Commission

Historic Buildings and Monuments Commission for England (English Heritage)

Imperial War Museum

Museums, Libraries and Archives Council

National Gallery

National Maritime Museum

National Portrait Gallery

Natural History Museum

Science Museum

Tate Gallery

Victoria and Albert Museum

Wallace Collection

Department for Environment, Food and Rural Affairs

Agricultural Dwelling House Advisory Committees

Agricultural Land Tribunals

Agricultural Wages Board and Committees

Cattle Breeding Centre

Countryside Agency

Plant Variety Rights Office

Royal Botanic Gardens, Kew

Royal Commission on Environmental Pollution

Department of Health

Dental Practice Board

National Health Service Strategic Health Authorities

NHS Trusts

Prescription Pricing Authority

Department for Innovation, Universities and Skills

Higher Education Funding Council for England

National Weights and Measures Laboratory

Patent Office

Department for International Development

Department of the Procurator General and Treasury Solicitor

Legal Secretariat to the Law Officers

Department for Transport

Maritime and Coastguard Agency

Department for Work and Pensions

Disability Living Allowance Advisory Board

Independent Tribunal Service

Medical Boards and Examining Medical Officers (War Pensions)

Occupational Pensions Regulatory Authority

Regional Medical Service

Social Security Advisory Committee

Export Credits Guarantee Department

Foreign and Commonwealth Office

Wilton Park Conference Centre

Government Actuary’s Department

Government Communications Headquarters

Home Office

HM Inspectorate of Constabulary

House of Commons

House of Lords

Ministry of Defence

Defence Equipment & Support

Meteorological Office

Ministry of Justice

Boundary Commission for England

Combined Tax Tribunal

Council on Tribunals

Court of Appeal — Criminal

Employment Appeals Tribunal

Employment Tribunals

HMCS Regions, Crown, County and Combined Courts (England and Wales)

Immigration Appellate Authorities

Immigration Adjudicators

Immigration Appeals Tribunal

Lands Tribunal

Law Commission

Legal Aid Fund (England and Wales)

Office of the Social Security Commissioners

Parole Board and Local Review Committees

Pensions Appeal Tribunals

Public Trust Office

Supreme Court Group (England and Wales)

Transport Tribunal

The National Archives

National Audit Office

National Savings and Investments

National School of Government

Northern Ireland Assembly Commission

Northern Ireland Court Service

Coroners Courts

County Courts

Court of Appeal and High Court of Justice in Northern Ireland

Crown Court

Enforcement of Judgements Office

Legal Aid Fund

Magistrates’ Courts

Pensions Appeals Tribunals

Northern Ireland, Department for Employment and Learning

Northern Ireland, Department for Regional Development

Northern Ireland, Department for Social Development

Northern Ireland, Department of Agriculture and Rural Development

Northern Ireland, Department of Culture, Arts and Leisure

Northern Ireland, Department of Education

Northern Ireland, Department of Enterprise, Trade and Investment

Northern Ireland, Department of the Environment

Northern Ireland, Department of Finance and Personnel

Northern Ireland, Department of Health, Social Services and Public Safety

Northern Ireland, Office of the First Minister and Deputy First Minister

Northern Ireland Office

Crown Solicitor’s Office

Department of the Director of Public Prosecutions for Northern Ireland

Forensic Science Laboratory of Northern Ireland

Office of the Chief Electoral Officer for Northern Ireland

Police Service of Northern Ireland

Probation Board for Northern Ireland

State Pathologist Service

Office of Fair Trading

Office for National Statistics

National Health Service Central Register

Office of the Parliamentary Commissioner for Administration and Health Service Commissioners

Paymaster General’s Office

Postal Business of the Post Office

Privy Council Office

Public Record Office

HM Revenue and Customs

The Revenue and Customs Prosecutions Office

Royal Hospital, Chelsea

Royal Mint

Rural Payments Agency

Scotland, Auditor-General

Scotland, Crown Office and Procurator Fiscal Service

Scotland, General Register Office

Scotland, Queen’s and Lord Treasurer’s Remembrancer

Scotland, Registers of Scotland

The Scotland Office

The Scottish Ministers

Architecture and Design Scotland

Crofters Commission

Deer Commission for Scotland

Lands Tribunal for Scotland

National Galleries of Scotland

National Library of Scotland

National Museums of Scotland

Royal Botanic Garden, Edinburgh

Royal Commission on the Ancient and Historical Monuments of Scotland

Scottish Further and Higher Education Funding Council

Scottish Law Commission

Community Health Partnerships

Special Health Boards

Health Boards

The Office of the Accountant of Court

High Court of Justiciary

Court of Session

HM Inspectorate of Constabulary

Parole Board for Scotland

Pensions Appeal Tribunals

Scottish Land Court

Sheriff Courts

Scottish Police Services Authority

Office of the Social Security Commissioners

The Private Rented Housing Panel and Private Rented Housing Committees

Keeper of the Records of Scotland

The Scottish Parliamentary Body Corporate

HM Treasury

Office of Government Commerce

United Kingdom Debt Management Office

The Wales Office (Office of the Secretary of State for Wales)

The Welsh Ministers

Higher Education Funding Council for Wales

Local Government Boundary Commission for Wales

The Royal Commission on the Ancient and Historical Monuments of Wales

Valuation Tribunals (Wales)

Welsh National Health Service Trusts and Local Health Boards

Welsh Rent Assessment Panels

## ANNEX IIU.K.**LIST OF THE ACTIVITIES REFERRED TO IN POINT (6)(a) OF ARTICLE 2(1)**

In the event of any difference of interpretation between the CPV and the NACE, the CPV nomenclature will apply.

## ANNEX IIIU.K.**LIST OF PRODUCTS REFERRED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE**

The only text applicable for the purposes of this Directive is that in Annex 1 point 3 of the GPA on which the following indicative                     list of products is based:                  

## ANNEX IVU.K.**REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS                           AND PROJECTS IN DESIGN CONTESTS**

Tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in design                     contests must at least guarantee, through technical means and appropriate procedures, that:                  

the exact time and date of the receipt of tenders, requests to participate and the submission of plans and projects can be                              determined precisely;                           

it may be reasonably ensured that, before the time limits laid down, no-one can have access to data transmitted under these                              requirements;                           

only authorised persons may set or change the dates for opening data received;

during the different stages of the procurement procedure or of the design contest access to all data submitted, or to part                              thereof, must be possible only for authorised persons;                           

only authorised persons must give access to data transmitted and only after the prescribed date;

data received and opened in accordance with these requirements must remain accessible only to persons authorised to acquaint                              themselves therewith;                           

where the access prohibitions or conditions referred to under points (b), (c), (d), (e) and (f) are infringed or there is                              an attempt to do so, it may be reasonably ensured that the infringements or attempts are clearly detectable.                           

## ANNEX VU.K.**INFORMATION TO BE INCLUDED IN NOTICES**

## PART AU.K.**Information to be included in notices of the publication of a prior information notice on a buyer profile**

Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number,                              email and internet address of the contracting authority and, where different, of the service from which additional information                              may be obtained.                           

Type of contracting authority and main activity exercised.

Where appropriate, indication that the contracting authority is a centralised purchasing body; or that any other form of joint                              procurement is or may be involved.                           

CPV codes.

Internet address of the ‘buyer profile’ (URL).

Date of dispatch of the notice of the publication of the prior information notice on the buyer profile.

## PART BU.K.**Information to be included in prior information notices**(as referred to in Article 48)

### I.**Information to be included in all cases**U.K.

Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number,                              email and internet address of the contracting authority and, where different, of the service from which additional information                              may be obtained.                           

Email or internet address at which the procurement documents will be available for unrestricted and full direct access, free                              of charge.                           

Where unrestricted and full direct access, free of charge, is not available for the reasons set out in the second and third                              subparagraph of Article 53(1), an indication of how the procurement documents can be accessed.                           

Type of contracting authority and main activity exercised.

Where appropriate, indication that the contracting authority is a centralised purchasing body or that any other form of joint                              procurement is or may be involved.                           

CPV codes; where the contract is divided into lots, this information shall be provided for each lot.

NUTS code for the main location of works in case of works contracts or NUTS code for the main place of delivery or performance                              in supply and service contracts; where the contract is divided into lots, this information shall be provided for each lot.                           

Brief description of the procurement: nature and extent of works, nature and quantity or value of supplies, nature and extent                              of services.                           

Where this notice is not used as a means of calling for competition, estimated date(s) for publication of a contract notice                              or contract notices in respect of the contract(s) referred to in this prior information notice.                           

Date of dispatch of the notice.

Any other relevant information.

Indication whether the contract is covered by the GPA.

### II.**Additional information to be supplied where the notice is used as a means of calling for competition (Article 48(2))**U.K.

A reference to the fact that interested economic operators shall advise the authority of their interest in the contract or                              contracts.                           

Type of award procedure (restricted procedures, whether or not involving a dynamic purchasing system, or competitive procedures                              with negotiation).                           

Where appropriate, indication whether:

a framework agreement is involved,

a dynamic purchasing system is involved.

As far as already known, time-frame for delivery or provision of products, works or services and duration of the contract.

As far as already known, conditions for participation, including:

where appropriate, indication whether the public contract is restricted to sheltered workshops, or whether its execution is                                       restricted to the framework of protected job programmes,                                    

where appropriate, indication whether the provision of the service is reserved by law, regulation or administrative provision                                       to a particular profession,                                    

brief description of selection criteria.

As far as already known, brief description of criteria to be used for award of the contract.

As far as already known, estimated total magnitude for contract(s); where the contract is divided into lots, this information                              shall be provided for each lot.                           

Time limits for receipt of expressions of interest.

Address where expressions of interest shall be transmitted.

Language or languages authorised for the presentation of candidatures or tenders.

Where appropriate, indication whether:

electronic submission of tenders or requests to participate will be required/accepted,

electronic ordering will be used,

electronic invoicing will be used,

electronic payment will be accepted.

Information whether the contract is related to a project and /or programme financed by Union funds.

Name and address of the body responsible for review and, where appropriate, mediation procedures. Precise information concerning                              time limits for review procedures, or, if need be, the name, address, telephone number, fax number and e-mail address of the                              service from which this information may be obtained.                           

## PART CU.K.**Information to be included in contract notices**(as referred to in Article 49)

Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number,                              email and internet address of the contracting authority and, where different, of the service from which additional information                              may be obtained.                           

Email or internet address at which the procurement documents will be available for unrestricted and full direct access, free                              of charge.                           

Where unrestricted and full direct access, free of charge, is not available for the reasons set out in the second and third                              subparagraphs of Article 53(1), an indication of how the procurement documents can be accessed.                           

Type of contracting authority and main activity exercised.

Where appropriate, indication that the contracting authority is a central purchasing body or that any other form of joint                              procurement is involved.                           

CPV codes; where the contract is divided into lots, this information shall be provided for each lot.

NUTS code for the main location of works in case of works contracts or NUTS code for the main place of delivery or performance                              in supply and service contracts; where the contract is divided into lots, this information shall be provided for each lot.                           

Description of the procurement: nature and extent of works, nature and quantity or value of supplies, nature and extent of                              services. Where the contract is divided into lots, this information shall be provided for each lot. Where appropriate, description                              of any options.                           

Estimated total order of magnitude of contract(s); where the contract is divided into lots, this information shall be provided                              for each lot.                           

Admission or prohibition of variants.

Time-frame for delivery or provision of supplies, works or services and, as far as possible, duration of the contract.

In the case of a framework agreement, indication of the planned duration of the framework agreement, stating, where appropriate,                                       the reasons for any duration exceeding four years; as far as possible, indication of value or order of magnitude and frequency                                       of contracts to be awarded, number and, where appropriate, proposed maximum number of economic operators to participate.                                    

In the case of a dynamic purchasing system, indication of the planned duration of that system; as far as possible, indication                                       of value or order of magnitude and frequency of contracts to be awarded.                                    

Conditions for participation, including:

where appropriate, indication whether the public contract is restricted to sheltered workshops, or whether its execution is                                       restricted to the framework of protected job programmes,                                    

where appropriate, indication whether the provision of the service is reserved by law, regulation or administrative provision                                       to a particular profession; reference to the relevant law, regulation or administrative provision,                                    

a list and brief description of criteria regarding the personal situation of economic operators that may lead to their exclusion                                       and of selection criteria; minimum level(s) of standards possibly required; indication of required information (self-declarations,                                       documentation).                                    

Type of award procedure; where appropriate, reasons for use of an accelerated procedure (in open and restricted procedures                              and competitive procedures with negotiation);                           

Where appropriate, indication whether:

a framework agreement is involved,

a dynamic purchasing system is involved,

an electronic auction is involved (in the event of open or restricted procedures or competitive procedures with negotiation).

Where the contract is to be subdivided into lots, indication of the possibility of tendering for one, for several or for all                              of the lots; indication of any possible limitation of the number of lots that may be awarded to any one tenderer. Where the                              contract is not subdivided into lots, indication of the reasons therefor, unless this information is provided in the individual                              report.                           

In the case of a restricted procedure, a competitive procedure with negotiation, a competitive dialogue or an innovation partnership,                              where recourse is made to the option of reducing the number of candidates to be invited to submit tenders, to negotiate or                              to engage in dialogue: minimum and, where appropriate, proposed maximum number of candidates and objective criteria to be                              used to choose the candidates in question.                           

In the case of a competitive procedure with negotiation, a competitive dialogue or an innovation partnership, indication,                              where appropriate, of recourse to a staged procedure in order gradually to reduce the number of tenders to be negotiated or                              solutions to be discussed.                           

Where appropriate, particular conditions to which performance of the contract is subject.

Criteria to be used for award of the contract or contracts. Except where the most economically advantageous offer is identified                              on the basis of price alone, criteria representing the most economically advantageous tender as well as their weighting shall                              be indicated where they do not appear in the specifications or, in the event of a competitive dialogue, in the descriptive                              document.                           

Time limit for receipt of tenders (open procedures) or requests to participate (restricted procedures, competitive procedures                              with negotiation, dynamic purchasing systems, competitive dialogues, innovation partnerships).                           

Address to which tenders or requests to participate shall be transmitted.

In the case of open procedures:

time frame during which the tenderer must maintain its tender,

date, time and place for the opening of tenders,

persons authorised to be present at such opening.

Language or languages in which tenders or requests to participate must be drawn up.

Where appropriate, indication whether:

electronic submission of tenders or requests to participate will be accepted,

electronic ordering will be used,

electronic invoicing will be accepted,

electronic payment will be used.

Information whether the contract is related to a project and/or programme financed by Union funds.

Name and address of the body responsible for review and, where appropriate, mediation procedures. Precise information concerning                              deadlines for review procedures, or if need be, the name, address, telephone number, fax number and email address of the service                              from which this information may be obtained.                           

Date(s) and reference(s) of previous publications in the *Official Journal of the European Union* relevant to the contract(s) advertised in this notice.                           

In the case of recurrent procurement, estimated timing for further notices to be published.

Date of dispatch of the notice.

Indication whether the contract is covered by the GPA.

Any other relevant information.

## PART DU.K.**Information to be included in contract award notices**(as referred to in Article 50)

Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number,                              email and internet address of the contracting authority and, where different, of the service from which additional information                              may be obtained.                           

Type of contracting authority and main activity exercised.

Where appropriate, indication whether the contracting authority is a central purchasing body or that any other form of joint                              procurement is involved.                           

CPV codes.

NUTS code for the main location of works in case of works contracts or NUTS code for the main place of delivery or performance                              in supply and service contracts.                           

Description of the procurement: nature and extent of works, nature and quantity or value of supplies, nature and extent of                              services. Where the contract is divided into lots, this information shall be provided for each lot. Where appropriate, description                              of any options.                           

Type of award procedure; in the case of negotiated procedure without prior publication, justification.

Where appropriate, indication whether:

a framework agreement was involved,

a dynamic purchasing system was involved.

Criteria referred to in Article 67 which were used for award of the contract or contracts. Where appropriate, indication whether                              the holding of an electronic auction was involved (in the event of open or restricted procedures or competitive procedures                              with negotiation).                           

Date of the conclusion of the contract(s) or of the framework agreement(s) following the decision to award or conclude it/them.

Number of tenders received with respect of each award, including:

number of tenders received from economic operators which are small and medium enterprises,

number of tenders received from another Member State or from a third country,

number of tenders received electronically.

For each award, name, address including NUTS code, telephone, fax number, email address and internet address of the successful                              tenderer(s) including                           

information whether the successful tenderer is small and medium enterprise,

information whether the contract was awarded to a group of economic operators (joint venture, consortium or other).

Value of the successful tender (tenders) or the highest tender and lowest tender taken into consideration for the contract                              award or awards.                           

Where appropriate, for each award, value and proportion of contract likely to be subcontracted to third parties.

Information whether the contract is related to a project and /or programme financed by Union funds.

Name and address of the body responsible for review and, where appropriate, mediation procedures. Precise information concerning                              the deadline for review procedures, or if need be, the name, address, telephone number, fax number and email address of the                              service from which this information may be obtained.                           

Date(s) and reference(s) of previous publications in the *Official Journal of the European Union* relevant to the contract(s) advertised in this notice.                           

Date of dispatch of the notice.

Any other relevant information.

## PART EU.K.**Information to be included in design contest notices**(as referred to in Article 79(1))

Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number,                              email and internet address of the contracting authority and, where different, of the service from which additional information                              may be obtained.                           

Email or internet address at which the procurement documents will be available for unrestricted and full direct access, free                              of charge.                           

Where unrestricted and full direct access, free of charge, is not available for the reasons set out in the second and third                              subparagraphs of Article 53(1), an indication of how the procurement documents can be accessed.                           

Type of contracting authority and main activity exercised.

Where appropriate, indication whether the contracting authority is a central purchasing body or that any other form of joint                              procurement is involved.                           

CPV codes; where the contract is divided into lots, this information shall be provided for each lot.

Description of the principal characteristics of the project.

Number and value of any prizes.

Type of design contest (open or restricted).

In the event of an open design contest, time limit for the submission of projects.

In the event of a restricted design contest:

number of participants contemplated,

names of the participants already selected, if any,

criteria for the selection of participants,

time limit for requests to participate.

Where appropriate, indication that the participation is restricted to a specified profession.

Criteria to be applied in the evaluation of the projects.

Indication whether the jury’s decision is binding on the contracting authority.

Payments to be made to all participants, if any.

Indication whether any contracts following the design contest will or will not be awarded to the winner or winners of the                              design contest.                           

Date of dispatch of the notice.

Any other relevant information.

## PART FU.K.**Information to be included in notices of the results of a contest**(as referred to in Article 79(2))

Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number,                              email and internet address of the contracting authority and, where different, of the service from which additional information                              may be obtained.                           

Type of contracting authority and main activity exercised.

Where appropriate, indication whether the contracting authority is a central purchasing body or that any other form of joint                              procurement is involved.                           

CPV codes.

Description of the principal characteristics of the project.

Value of the prizes.

Type of design contest (open or restricted).

Criteria which were applied in the evaluation of the projects.

Date of the jury decision.

Number of participants.

Number of participants who are SMEs.

Number of participants from abroad.

Name, address including NUTS code, telephone, fax number, email address and internet address of the winner(s) of the contest                              and indication whether the winner(s) are small and medium enterprises.                           

Information whether the design contest is related to a project or programme financed by Union funds.

Date(s) and reference(s) of previous publications in the *Official Journal of the European Union* relevant to the project(s) concerned by this notice.                           

Date of dispatch of the notice.

Any other relevant information.

## PART GU.K.**Information to be included in notices of modifications of a contract during its term**(as referred to in Article 72(1))

Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number,                              email and internet address of the contracting authority and, where different, of the service from which additional information                              may be obtained.                           

CPV codes.

NUTS code for the main location of works in case of works contracts or NUTS code for the main place of delivery or performance                              in supply and service contracts;                           

Description of the procurement before and after the modification: nature and extent of the works, nature and quantity or value                              of supplies, nature and extent of services.                           

Where applicable, increase in price caused by the modification.

Description of the circumstances which have rendered necessary the modification.

Date of contract award decision.

Where applicable, the name, address including NUTS code, telephone, fax number, email address and internet address of the                              new economic operator or operators.                           

Information whether the contract is related to a project and /or programme financed by Union funds.

Name and address of the oversight body and the body responsible for review and, where appropriate, mediation procedures. Precise                              information concerning the deadline for review procedures, or if need be, the name, address, telephone number, fax number                              and email address of the service from which this information may be obtained.                           

Date(s) and reference(s) of previous publications in the *Official Journal of the European Union* relevant to the contract(s) concerned by this notice.                           

Date of dispatch of the notice.

Any other relevant information.

## PART HU.K.**Information to be included in contract notices concerning contracts for social and other specific services**(as referred to in Article 75(1))

Name, identification number (where provided for in national legislation), address including NUTS code, email and internet                              address of the contracting authority.                           

NUTS code for the main location of works in the case of works or NUTS code for the main place of delivery or performance in                              the case of supplies and services.                           

Brief description of the contract in question including CPV codes.

Conditions for participation, including
                -  where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted                                    to the framework of protected job programmes,                                  
                -  where appropriate, indication whether the execution of the service is reserved by law, regulation or administrative provision                                    to a particular profession.                                  

Time limit(s) for contacting the contracting authority in view of participation.

Brief description of the main features of the award procedure to be applied.

## PART IU.K.**Information to be included in prior information notices for social and other specific services**(as referred to in Article 75(1))

Name, identification number (where provided for in national legislation), address including NUTS code, email and internet                              address of the contracting authority.                           

Brief description of the contract in question including the estimated total value of the contract and CPV codes.

As far as already known:

NUTS code for the main location of works in case of works or NUTS code for the main place of delivery or performance in case                                       of supplies and services                                    

time-frame for delivery or provision of supplies, works or services and duration of the contract.

conditions for participation, including:
                      -  where appropriate, indication whether the public contract is restricted to sheltered workshops, or whether its execution is                                             restricted to the framework of protected job programmes,                                           
                      -  where appropriate, indication whether the execution of the service is reserved by law, regulation or administrative provision                                             to a particular profession,                                           

brief description of the main features of the award procedure to be applied.

A reference to the fact that interested economic operators shall advise the contracting authority of their interest in the                              contract or contracts and time limits for receipt of expressions of interest and address to which expressions of interest                              shall be transmitted.                           

## PART JU.K.**Information to be included in contract award notices concerning contracts for social and other specific services**(as referred to in Article 75(2))

Name, identification number (where provided for in national legislation), address including NUTS code, email and internet                              address of the contracting authority.                           

Brief description of the contract in question including CPV codes.

NUTS code for the main location of works in case of works or NUTS code for the main place of delivery or performance in case                              of supplies and services.                           

Number of tenders received.

Price or range of prices (maximum/minimum) paid.

For each award, name, address including NUTS code, email address and internet address of the successful economic operator                              or operators.                           

Any other relevant information.

## ANNEX VIU.K.

### **INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS**(Article 35(4))U.K.

Where contracting authorities have decided to hold an electronic auction, the procurement documents shall include at least                     the following details:                  

the features, the values for which will be the subject of electronic auction, provided that such features are quantifiable                              and can be expressed in figures or percentages;                           

any limits on the values which may be submitted, as they result from the specifications relating to the subject of the contract;

the information which will be made available to tenderers in the course of the electronic auction and, where appropriate,                              when it will be made available to them;                           

the relevant information concerning the electronic auction process;

the conditions under which the tenderers will be able to bid and, in particular, the minimum differences which will, where                              appropriate, be required when bidding;                           

the relevant information concerning the electronic equipment used and the arrangements and technical specifications for connection.

## ANNEX VIIU.K.**DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS**

For the purposes of this Directive:

‘technical specification’ means one of the following:

in the case of public works contracts the totality of the technical prescriptions contained in particular in the procurement                                       documents, defining the characteristics required of a material, product or supply, so that it fulfils the use for which it                                       is intended by the contracting authority; those characteristics include levels of environmental and climate performance, design                                       for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions,                                       including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking                                       and labelling, user instructions and production processes and methods at any stage of the life cycle of the works; those characteristics                                       also include rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or                                       techniques of construction and all other technical conditions which the contracting authority is in a position to prescribe,                                       under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;                                    

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

‘standard’ means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application,                              with which compliance is not compulsory, and which is one of the following:                           

‘international standard’ means a standard adopted by an international standardisation organisation and made available to the                                       general public,                                    

‘European standard’ means a standard adopted by a European standardisation organisation and made available to the general                                       public,                                    

‘national standard’ means a standard adopted by a national standardisation organisation and made available to the general                                       public;                                    

‘European Technical Assessment’ means the documented assessment of the performance of a construction product, in relation                              to its essential characteristics, in accordance with the respective European Assessment Document, as defined in point 12 of                              Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council(43);                           

‘common technical specification’ means a technical specification in the field of ICT laid down in accordance with Articles                              13 and 14 of Regulation (EU) 1025/2012;                           

‘technical reference’ means any deliverable produced by European standardisation bodies, other than European standards, according                              to procedures adapted to the development of market needs.                           

## ANNEX VIIIU.K.**FEATURES CONCERNING PUBLICATION**

### 1.**Publication of notices**U.K.

The notices referred to in Articles 48, 49, 50, 75 and 79 shall be sent by the contracting authorities to the Publications                     Office of the European Union and published in accordance with the following rules:                  

Notices referred to in Articles 48, 49, 50, 75 and 79 shall be published by the Publications Office of the European Union                     or by the contracting authorities in the event of a prior information notice published on a buyer profile in accordance with                     Article 48(1).                  

In addition, contracting authorities may publish this information on the Internet on a ‘buyer profile’ as referred to in point                     2(b).                  

The Publications Office of the European Union shall give the contracting authority the confirmation referred to in Article                     51(5), second subparagraph.                  

### 2.**Publication of complementary or additional information**U.K.

Except where otherwise provided for in the second and third subparagraphs of Article 53(1), contracting authorities shall                              publish the procurement documents in their entirety on the Internet.                           

The buyer profile may include prior information notices as referred to in Article 48(1), information on ongoing invitations                              to tender, scheduled purchases, contracts concluded, procedures cancelled and any useful general information, such as a contact                              point, a telephone and a fax number, a postal address and an e-mail address. The buyer profile may also include prior information                              notices used as a means of calling for competition, which are published at national level pursuant to Article 52.                           

### 3.**Format and procedures for sending notices electronically**U.K.

The format and procedure for sending notices electronically as established by the Commission are made accessible at the Internet                     address ‘http://simap.europa.eu’.                  

## ANNEX IXU.K.**CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE                           54**

### 1.The invitation to submit a tender or to participate in the dialogue provided for under Article 54 must contain at least:U.K.

a reference to the call for competition published;

the deadline for the receipt of the tenders, the address to which the tenders must be sent and the language or languages in                              which the tenders must be drawn up;                           

in the case of competitive dialogue the date and the address set for the start of consultation and the language or languages                              used;                           

a reference to any possible adjoining documents to be submitted, either in support of verifiable declarations by the tenderer                              in accordance with Articles 59 and 60 and, where appropriate, Article 62 or to supplement the information referred to in those                              Articles, and under the conditions laid down in Articles 59, 60 and 62;                           

the relative weighting of criteria for the award of the contract or, where appropriate, the descending order of importance                              for such criteria, where they are not given in the contract notice, in the invitation to confirm interest, in the technical                              specifications or the descriptive document.                           

However, in the case of contracts awarded through a competitive dialogue or an innovation partnership, the information referred                     to in point (b) shall not appear in the invitation to participate in the dialogue or to negotiate but it shall appear in the                     invitation to submit a tender.                  

### 2.When a call for competition is made by means of a prior information notice, contracting authorities shall subsequently invite                        all candidates to confirm their interest on the basis of detailed information on the contract concerned before beginning the                        selection of tenderers or participants in negotiations.U.K.

That invitation shall include at least the following information:

nature and quantity, including all options concerning complementary contracts and, where possible, the estimated time available                              for exercising these options for renewable contracts, the nature and quantity and, where possible, the estimated publication                              dates of future notices of competition for works, supplies or services to be put out to tender;                           

type of procedure: restricted procedure or competitive procedure with negotiation;

where appropriate, the date on which the delivery of supplies or the execution of works or services is to commence or terminate;

where electronic access cannot be offered, the address and closing date for the submission of requests for procurement documents                              and the language or languages in which they are to be drawn up;                           

the address of the contracting authority which is to award the contract;

economic and technical conditions, financial guarantees and information required from economic operators;

the form of the contract which is the subject of the invitation to tender: purchase, lease, hire or hire-purchase, or any                              combination of these; and                           

the contract award criteria and their weighting or, where appropriate, the order of importance of such criteria, where this                              information is not given in the prior information notice or the technical specifications or in the invitation to tender or                              to negotiate.                           

## ANNEX XU.K.**LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)**

          -  ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise; 
          -  ILO Convention 98 on the Right to Organise and Collective Bargaining; 
          -  ILO Convention 29 on Forced Labour; 
          -  ILO Convention 105 on the Abolition of Forced Labour; 
          -  ILO Convention 138 on Minimum Age; 
          -  ILO Convention 111 on Discrimination (Employment and Occupation); 
          -  ILO Convention 100 on Equal Remuneration; 
          -  ILO Convention 182 on Worst Forms of Child Labour; 
          -  Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer; 
          -  Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention); 
          -  Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention); 
          -  Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEP/FAO)                           (The PIC Convention) Rotterdam, 10 September 1998, and its 3 regional Protocols.                         

## ANNEX XIU.K.**REGISTERS** (44) 

The relevant professional and trade registers and corresponding declarations and certificates for each Member State are:
          -  in Belgium the ‘Registre du Commerce’/‘Handelsregister’, and, in the case of service contracts, the ‘Ordres professionels/Beroepsorden’; 
          -  in Bulgaria, the ‘Търговски регистър’; 
          -  in the Czech Republic, the ‘obchodní rejstřík’; 
          -  in Denmark, the ‘Erhvervsstyrelsen’; 
          -  in Germany, the ‘Handelsregister’, the ‘Handwerksrolle’, and, in the case of service contracts, the ‘Vereinsregister’, the                           ‘Partnerschaftsregister’ and the ‘Mitgliedsverzeichnisse der Berufskammern der Länder’;                         
          -  in Estonia, the ‘Registrite ja Infosüsteemide Keskus’; 
          -  in Ireland, the economic operator may be requested to provide a certificate from the Registrar of Companies or the Registrar                           of Friendly Societies or, where he is not so certified, a certificate stating that the person concerned has declared on oath                           that he is engaged in the profession in question in the country in which he is established, in a specific place under a given                           business name;                         
          -  in Greece, the ‘Μητρώο Εργοληπτικών Επιχειρήσεων — MEΕΠ’ of the Ministry for Environment, Town and Country Planning and Public                           Works (Υ.ΠΕ.ΧΩ.Δ.Ε) in respect of works contracts; the ‘Βιοτεχνικό ή Εμπορικό ή Βιομηχανικό Επιμελητήριο’ and the ‘Μητρώο                           Κατασκευαστών Αμυντικού Υλικού’ in the case of supplies contracts; in the case of service contracts, the service provider                           may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases                           provided for by existing national legislation, for the provision of research services as referred to in Annex I, the professional                           register ‘Μητρώο Μελετητών’ and the ‘Μητρώο Γραφείων Μελετών’;                         
          -  in Spain, the ‘Registro Oficial de Licitadores y Empresas Clasificadas del Estado’ in respect of works and services contracts,                           and, in the case of supplies contracts, the ‘Registro Mercantil’ or, in the case of non-registered individuals, a certificate                           stating that the person concerned has declared on oath that he is engaged in the profession in question;                         
          -  in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’; 
          -  in Croatia, the ‘Sudski registar’ and the ‘Obrtni registrar’ or, in the case of some activities, a certificate stating that                           the person concerned is authorised to be engaged in the commercial activity or profession in question;                         
          -  in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’; in the case of supplies and services                           contracts also the ‘Registro delle commissioni provinciali per l'artigianato’ or, in addition to the already mentioned registers,                           the ‘Consiglio nazionale degli ordini professionali’ in respect of services contracts; in respect of works or services contracts,                           the ‘Albo nazionale dei gestori ambientali’ in addition to the already mentioned registers;                         
          -  in Cyprus, the contractor may be requested to provide a certificate from the ‘Council for the Registration and Audit of Civil                           Engineering and Building Contractors (Συμβούλιο Εγγραφής και Ελέγχου Εργοληπτών Οικοδομικών και Τεχνικών Έργων)’ in accordance                           with the Registration and Audit of Civil Engineering and Building Contractors Law in respect of works contracts; in the case                           of supplies and services contracts the supplier or service provider may be requested to provide a certificate from the ‘Registrar                           of Companies and Official Receiver’ (Έφορος Εταιρειών και Επίσημος Παραλήπτης) or, where this is not the case, a certificate                           stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in                           which he is established, in a specific place and under a given business name;                         
          -  in Latvia, the ‘Uzņēmumu reģistrs’; 
          -  in Lithuania, the ‘Juridinių asmenų registras’; 
          -  in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’; 
          -  in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’ and, in the case of service contracts,                           some ‘szakmai kamarák nyilvántartása’ or, in the case of some activities, a certificate stating that the person concerned                           is authorised to be engaged in the commercial activity or profession in question;                         
          -  in Malta, the economic operator obtains his ‘numru ta' registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja                           ta' kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial                           Services Authority;                         
          -  in the Netherlands, the ‘Handelsregister’; 
          -  in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’; 
          -  in Poland, the ‘Krajowy Rejestr Sądowy’; 
          -  in Portugal, the ‘Instituto da Construção e do Imobiliário’ (INCI) in respect of works contracts; the ‘Registro Nacional das                           Pessoas Colectivas’ in the case of supplies and services contracts;                         
          -  in Romania, the ‘Registrul Comerțului’; 
          -  in Slovenia, the ‘sodni register’ and the ‘obrtni register’; 
          -  in Slovakia, the ‘Obchodný register’; 
          -  in Finland, the ‘Kaupparekisteri’/‘Handelsregistret’; 
          -  in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’; 
          -  in the United Kingdom, the economic operator may be requested to provide a certificate from the Registrar of Companies stating                           that he is certified as incorporated or registered or, where he is not so certified, a certificate stating that the person                           concerned has declared on oath that he is engaged in the profession in a specific place under a given business name.                         

## ANNEX XIIU.K.**MEANS OF PROOF OF SELECTION CRITERIA**

## **Part I:**U.K.**Economic and financial standing**

Proof of the economic operator’s economic and financial standing may, as a general rule, be furnished by one or more of the                     following references:                  

appropriate statements from banks or, where appropriate, evidence of relevant professional risk indemnity insurance;

the presentation of financial statements or extracts from the financial statements, where publication of financial statements                              is required under the law of the country in which the economic operator is established;                           

a statement of the undertaking’s overall turnover and, where appropriate, of turnover in the area covered by the contract                              for a maximum of the last three financial years available, depending on the date on which the undertaking was set up or the                              economic operator started trading, as far as the information on these turnovers is available.                           

## **Part II:**U.K.**Technical ability**

Means providing evidence of the economic operators’ technical abilities, as referred to in Article 58:

the following lists:

a list of the works carried out over at the most the past five years, accompanied by certificates of satisfactory execution                                       and outcome for the most important works; where necessary in order to ensure an adequate level of competition, contracting                                       authorities may indicate that evidence of relevant works carried out more than five years before will be taken into account;                                    

a list of the principal deliveries effected or the main services provided over at the most the past three years, with the                                       sums, dates and recipients, whether public or private, involved. Where necessary in order to ensure an adequate level of competition,                                       contracting authorities may indicate that evidence of relevant supplies or services delivered or performed more than three                                       years before will be taken into account;                                    

an indication of the technicians or technical bodies involved, whether or not belonging directly to the economic operator’s                              undertaking, especially those responsible for quality control and, in the case of public works contracts, those upon whom                              the contractor can call in order to carry out the work;                           

a description of the technical facilities and measures used by the economic operator for ensuring quality and the undertaking’s                              study and research facilities;                           

an indication of the supply chain management and tracking systems that the economic operator will be able to apply when performing                              the contract;                           

where the products or services to be supplied are complex or, exceptionally, are required for a special purpose, a check carried                              out by the contracting authorities or on their behalf by a competent official body of the country in which the supplier or                              service provider is established, subject to that body’s agreement, on the production capacities of the supplier or the technical                              capacity of the service provider and, where necessary, on the means of study and research which are available to it and the                              quality control measures it will operate;                           

the educational and professional qualifications of the service provider or contractor or those of the undertaking’s managerial                              staff, provided that they are not evaluated as an award criterion;                           

an indication of the environmental management measures that the economic operator will be able to apply when performing the                              contract;                           

a statement of the average annual manpower of the service provider or contractor and the number of managerial staff for the                              last three years;                           

a statement of the tools, plant or technical equipment available to the service provider or contractor for carrying out the                              contract;                           

an indication of the proportion of the contract which the economic operator intends possibly to subcontract;

with regard to the products to be supplied:

samples, descriptions or photographs, the authenticity of which must be certified where the contracting authority so requests;

certificates drawn up by official quality control institutes or agencies of recognised competence attesting the conformity                                       of products clearly identified by references to technical specifications or standards.                                    

## ANNEX XIIIU.K.**LIST OF UNION LEGAL ACTS REFERRED TO IN ARTICLE 68(3)**

Directive 2009/33/EC of the European Parliament and of the Council.

## ANNEX XIVU.K.

### **SERVICES REFERRED TO IN ARTICLE 74**

## ANNEX XVU.K.

### **CORRELATION TABLE**

1

OJ C 191, 29.6.2012, p. 84.                           

2

OJ C 391, 18.12.2012, p. 49.                           

3

Position of the European Parliament of 15 January 2014 (not yet published in the Official Journal), and decision of the Council                              of 11 February 2014.                           

4

Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures                              of entities operating in the water, energy, transport and postal services sectors (OJ L 134, 30.4.2004, p. 1).                           

5

Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for                              the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).                           

6

Approved by Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United                              Nations Convention on the Rights of Persons with Disabilities (OJ L 23, 27.1.2010, p. 35).                           

7

Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the                              award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields                              of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).                           

8

Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters                              within its competence, of the Agreements reached in the Uruguay Round multilateral negotiations (1986 to 1994) (OJ L 336, 23.12.1994, p. 1).                           

9

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 (see page 243 of this Official Journal).                           

10

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport                              services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1).                           

11

Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in                              the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).                           

12

Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation,                              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, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC                              and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).                           

13

Regulation (EC) No 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual                              obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).                           

14

Council 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 (OJ L 395, 30.12.1989, p. 33).                           

15

Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation                              by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission                              Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).                           

16

Directive 2009/33/EC of the European Parliament and the Council of 23 April 2009 on the promotion of clean and energy-efficient                              road transport vehicles (OJ L 120, 15.5.2009, p. 5).                           

17

Regulation (EC) No 106/2008 of the European Parliament and the Council of 15 January 2008 on a Community energy-efficiency                              labelling programme for office equipment (OJ L 39, 13.2.2008, p. 1).                           

18

Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits                              (OJ - English special edition: Series V Volume 1952-1972 p. 88).                           

19

Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary                              (CPV) (OJ L 340, 16.12.2002, p. 1).                           

20

Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation                              through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).                           

21

Regulation (EU) 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 powers (OJ L 55, 28.2.2011, p. 13).                           

22

Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common                              classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).                           

23

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic                              communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).                           

24

Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions                              laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services                              (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).                           

25

Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services                              (OJ L 78, 26.3.1977, p. 17).                           

26

Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending                              Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing                              Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).                           

27

Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic                              signatures (OJ L 13, 19.1.2000, p. 12).                           

28

Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means                              through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services                              in the internal market (OJ L 274, 20.10.2009, p. 36).                           

29

Commission Decision 2011/130/EU of 25 February 2011 establishing minimum requirements for the cross-border processing of documents                              signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on                              services in the internal market (OJ L 53, 26.2.2011, p. 66).                           

30

Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial                              cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19).                           

31

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for                              accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).                           

32

Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).                           

33

OJ C 195, 25.6.1997, p. 1.                           

34

Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54).                           

35

OJ C 316, 27.11.1995, p. 48.                           

36

Council Framework Decision of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).                           

37

Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the                              financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).                           

38

Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking                              in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).                           

39

Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, (OJ L 124, 20.5.2003, p. 36).                           

40

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with                              regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).                           

41

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data                              and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)                              (OJ L 201, 31.7.2002, p. 37).                           

42

Council Decision 71/306/EEC of 26 July 1971 setting up an Advisory Committee for Public Works Contracts (OJ L 185, 16.8.1971, p. 15).                           

43

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions                              for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).                           

44

For the purposes of Article 58(2), ‘professional or trade registers’ means those listed in this Annex and, where changes have                              been made at national level, the registers which have replaced them.