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

The Decisions of the Association Committee in Trade configuration shall be published in the Official Journal of the European Union after their adoption.

The position to be taken by the Union within the Association Committee in Trade configuration established by Article 465 of the Agreement, in relation to the favourable opinion regarding the comprehensive roadmap shall be based on the draft Decision of that Committee referred to in Article 1(1) above.

2.Minor changes to the draft Decision may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council.

1.The position to be taken by the European Union in the Association Committee in Trade configuration established by Article 465 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part ('the Agreement'), in relation to the update of Annex XXI of the Agreement shall be based on the draft Decision of that Committee, attached to this Decision.

(14)It is therefore appropriate to determine the Union position in relation to a favourable opinion regarding the comprehensive roadmap to be adopted by the Association Committee in Trade configuration,

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

(12)Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation and institutional capacity building.This roadmap shall comply with the phases and time schedules set out in Annex XXI-A to the Agreement.

(11)It is therefore appropriate to determine the Union position in relation to the update of Annex XXI to the Agreement to be adopted by the Association Committee in Trade configuration.

(10)Article 1 of the Association Council Decision No. 3/2014 of 15 December 2014 delegates the power to update or amend the trade-related annexes of the Agreement to the Association Committee in Trade configuration, including Annex XXI pertaining to Chapter 8 (Public Procurement) of Title IV (Trade and trade-related matters) of the Agreement.

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

(8)Article 149 of the Agreement provides that the revision of the thresholds provided for in Annex XXI-P to the Agreement shall be adopted by decision of the Association Committee in Trade configuration.

(7)It is therefore necessary to update Annex XXI in order to reflect the developments to the Union acquis listed therein, and revise the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement.

(6)It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis by amending certain deadlines.

(5)Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement are to be revised regularly, beginning in the first even year following the entry into force of the Agreement.

(4)Several Union acts listed in Annexe XXI to the Agreement have been amended or repealed since the initialling of the Association Agreement on 30 March 2012.

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

(2)Article 1 of Council Decision 2014/668/EU of 23 June 2014 specifies the provisions of the Agreement to be applied provisionally, including the provisions on public procurement, and Annex XXI to the Agreement. The provisional application of those provisions is effective from 1 January 2016.

(1)Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and the Ukraine, of the other part, ('the Agreement') provides for the provisional application of the Agreement in part, as specified by the Union.

Having regard to the proposal from the European Commission,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,

THE COUNCIL OF THE EUROPEAN UNION,

on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement

The favourable opinion by the Association Committee in Trade configuration on the comprehensive roadmap is needed in order for Ukraine to streamline the legislative approximation in the area of public procurement as set out in Article 152 of the Agreement. This step is an integral part in the process of the implementation of the Agreement. The roadmap shall be considered as the reference document for the implementation of the Agreement by Ukraine in the area of public procurement.

The updates to these annexes are necessary in the light of the evolution of the Union acquis listed therein since the initialling of the Agreement on 30 March 2012. Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement and the Association Council delegated the power to update or amend certain trade-related annexes to the Association Committee in Trade configuration by its decision No. 3/2014 of 15 December 2014. Accordingly, the Union position is to be taken in the Association Committee in Trade configuration.

2.giving a favourable opinion by the Association Committee in Trade configuration on the comprehensive roadmap submitted by Ukraine in relation to the implementation of Agreeement in the area of public procurement.

1.the update of Annex XXI to the Agreement. Annex XXI to the Agreement provides the list of the Union acquis to which the Ukraine intends to approximate its domestic legislation pertaining to the area of public procurement (Chapter 8 of Title IV of the Agreement);

The proposal aims to adopt a Union position in relation to:

Detailed explanation of the specific provisions of the proposal

The implementation of the Agreement is reviewed regularly by the EU-Ukraine Association Council and its sub-ordinate bodies established by that Agreement. The European Commission also reports to the European Parliament and the Council following EU-Ukraine Association Committee in Trade configuration meetings which are taking place at least once per year, including on the elements included in this proposal.

The proposal does not have consequences for the protection of fundamental rights in the Union.

The Agreement is not subject to REFIT procedures at this stage; it does not imply any costs for the Union SMEs; and it does not raise any issues from the viewpoint of the digital environment.

The trade and trade-related provisions of the Agreement have been subject to ex-ante impact assessment (the 2007 Trade Sustainability Impact Assessment commissioned by DG Trade), which fed into the DCFTA negotiation process. That study confirmed that implementation of trade and trade-related provisions would have a positive economic impact for the EU as well as for Ukraine. The proposal does not have any negative impact on the economic, social or environmental policy of the Union.

Collection and use of expertise

Stakeholder consultations are not applicable to this proposal, as it aims merely at updating the references to the Union acquis already listed for approximation by Ukraine in the Agreement.

This proposal is in accordance with Article 218(9) TFEU, which envisages the adoption by the Council of decisions. There exists no other legal instrument that could be used in order to achieve the objective expressed in this proposal.

This proposal is necessary in order to implement the Union’s international commitments set out in the Agreement with Ukraine.

The common commercial policy, in accordance with Article 3 of the TFEU, is defined as an exclusive Union competence. Therefore, the subsidiarity principle does not apply.

The legal basis for establishing the Union position to be taken in the committees set up by the Agreement is the Treaty on the Functioning of the European Union, and in particular its Article 207(4) in conjunction with Article 218(9) thereof.

This proposal is consistent with and contributes to the implementation of other external policies of the Union, notably the European Neighbourhood Policy and the development cooperation policy in relation to Ukraine.

This proposal implements the Union’s common commercial policy towards Ukraine, an Eastern Neighbourhood Partner country, based on the provisions of the above-mentioned Agreement and in particular its objective to create a free trade area and conditions for economic intergration between the parties.

Consistency with existing policy provisions in the policy area

The favourable opinion by the Association Committee in Trade configuration on the roadmap is needed in order for Ukraine to streamline the legislative approximation in the area of public procurement as set out in Article 152 of the Agreement. This step is an integral part in the process of the implementation of the Agreement.

The Agreement was signed on 27 June 2014, and its Title IV "TRADE AND TRADE RELATED MATTERS" (covering the provisions related to the Deep and Comprehensive Free Trade Area) is provisionally applied, since 1 January 2016. The update of the above-mentioned Annexes is necessary in order to reflect the evolution of the Union acquis in the area of public procurement that has taken place since the initialling of the Agreement on 30 March 2012. The proposal is consistent with the parties' obligations set out in Article 463 of the Agreement.

2.on giving a favourable opinion by the Association Committee in Trade configuration on the comprehensive roadmap submitted by Ukraine in relation to the implementation of the Agreeement in the area of public procurement.

1.on a Decision of the Association Committee in Trade configuration of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part ('the Agreement') in relation to the update of Annexes XXI-A to XXI-P (related to Chapter 8 on public procurement) of the Agreement;

The attached proposal for a Council decision establishes the Union position:

Reasons for and objectives of the proposal

on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement

EUROPEAN COMMISSION Brussels, 31.10.2016 COM(2016) 703 final ANNEX to the Proposal for a Council Decision on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement



Draft Decision No 1/2016 of the EU-Ukraine Association Committee in Trade configuration of …2016 updating Annex XXI to the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement THE Association COMMITTEE IN TRADE CONFIGURATION, Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, signed in Brussels on 27 June 2014, and in particular Article 149, Article 153 and Article 463 thereof, Whereas: (1)In accordance with Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part ('the Agreement'), parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016. (2)Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement. (3)Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement. (4)Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts: (a)Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (b)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 (c)Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (5)The above-mentioned new Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsiquently ammended by the Commission Delegated Regulations (EU) 2015/2172, (EU) 2015/2170 and respectively (EU) 2015/2171. (6)Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. (7)It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Article 149, Article 153 and Article 463 of the Agreement. (8)The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by the Ukraine in the process of approximation to the Union acquis. (9)Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions.

(10)The EU-Ukraine Association Council empowered the Association Committee in Trade configuration in its Decision No. 3/2014 of 15 December 2014 to update or amend certain trade-related annexes. (11)Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis. (12)Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation i.e. for the legislative approximation of the public procurement related legislation to the Union acquis. (13)It is therefore appropriate for the Association Committee in Trade configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap, HAS ADOPTED THIS DECISION: Article 1 Annex XXI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex (enclosed to this Decision). Article 2 A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the government of Ukraine on 24 February 2016. Article 3 This Decision shall enter into force on the day of its adoption. Done at …, … For the Association Committee in Trade configuration The Chair Annex XXI-A to chapter 8 Indicative time schedule for institutional reform, legislative approximation and market access Phase Indicative time schedule Market access granted to the EU by Ukraine Market access granted to Ukraine by the EU 1 Implementation of Articles 150(2) and 151 of this Agreement Agreement of the Reform Strategy set out in Article 152 of this Agreement 6 months after the entry into force of this Agreement Supplies for central government authorities Supplies for central government authorities 2 Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC 3 years after the entry into force of this Agreement Supplies for state, regional and local authorities and bodies governed by public law Supplies for state, regional and local authorities and bodies governed by public law Annexes XXI-B and XXI-C 3 Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92 /13/EEC 4 years after the entry into force of this Agreement Supplies for all contracting entities in the utilities sector Supplies for all contracting entities Annexes XXI-D and XXI-E 4 Approximation and implementation of other elements of Directive 2014/24/EU. Approximation and implementation of Directive 2014/23/EU 6 years after the entry into force of this Agreement Service and works contracts and concessions for all contracting authorities Service and works contracts and concessions for all contracting authorities Annexes XXI-F, XXI-G, and XXI-H 5 Approximation and implementation of other elements of Directive 2014/25/EU 8 years after the entry into force of this Agreement Service and works contracts for all contracting entities in the utilities sector Service and works contracts for all contracting entities in the utilities sector Annexes XXI-I and XXI-J Annex XXI-B to chapter 8 Basic elements of Directive 2014/24/EU of 26 February 2014 on public procurement

(Phase 2) TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions Section 1 - Subject-matter and definitions Article 1Subject-matter and scope: paragraphs 1, 2, 5 and 6 Article 2Definitions: paragraphs 1, point (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23), (24) Article 3Mixed procurement Section 2 - Thresholds Article 4Threshold amounts Article 5Methods for calculating the estimated value of procurement Section 3 - Exclusions Article 7Contracts in the water, energy, transport and postal services sectors Article 8Specific exclusions in the field of electronic communications Article 9Public contracts awarded and design contests organised pursuant to international rules Article 10Specific exclusions for service contracts

Article 11Service contracts awarded on the basis of an exclusive right Article 12Public contracts between entities within the public sector Section 4 - Specific situations Subsection 1:Subsidised contracts and research and development services Article 13Contracts subsidised by contracting authorities Article 14Research and development services Subsection 2:Procurement involving defence and security aspects Article 15Defence and security Article 16Mixed procurement involving defence or security aspects Article 17Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules CHAPTER II General Rules Article 18Principles of procurement Article 19Economic operators Article 21Confidentiality Article 22Rules applicable to communication: paragraphs 2-6 Article 23Nomenclatures Article 24Conflicts of interest

TITLE II Rules on public contracts CHAPTER I Procedures Article 26Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6 Article 27Open procedure Article 28Restricted procedure Article 29Competitive procedure with negotiation Article 32Use of the negotiated procedure without prior publication CHAPTER III Conduct of the procedure Section 1 - Preparation Article 40Preliminary market consultations Article 41Prior involvement of candidates or tenderers Article 42Technical specifications Article 43Labels Article 44Test reports, certification and other means of proof: paragraphs 1, 2

Article 45Variants Article 46Division of contracts into lots Article 47Setting time limits Section 2 - Publication and transparency Article 48Prior information notices Article 49Contract notices Article 50Contract award notices: paragraphs 1 and 4 Article 51Form and manner of publication of notices: 1st subparagraph of paragraph 1, 1st subparagraph of paragraph 5 Article 53Electronic availability of procurement documents Article 54Invitations to candidates Article 55Informing candidates and tenderers Section 3 - Choice of participants and award of contracts Article 56General principles Subsection 1:Criteria for qualitative selection Article 57Exclusion grounds Article 58Selection criteria Article 59European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4 Article 60Means of proof

Article 62Quality assurance standards and environmental management standards: paragraphs 1 and 2 Article 63Reliance on the capacities of other entities Subsection 2:Reduction of numbers of candidates, tenders and solutions Article 65Reduction of the number of otherwise qualified candidates to be invited to participate Article 66Reduction of the number of tenders and solutions Subsection 3:Award of the contract Article 67Contract award criteria Article 68Life-cycle costing: paragraphs 1 and 2 Article 69Abnormally low tenders: paragraphs 1 - 4 CHAPTER IV Contract performance Article 70Conditions for performance of contracts Article 71Subcontracting Article 72Modification of contracts during their term Article 73Termination of contracts TITLE III Particular procurement regimes CHAPTER I

Article 74Award of contracts for social and other specific services Article 75Publication of notices Article 76Principles of awarding contracts ANNEXES ANNEX IILIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1) ANNEX IIILIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE ANNEX IVREQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS ANNEX VINFORMATION TO BE INCLUDED IN NOTICES Part A:INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE Part B:INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48) Part C:INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49) Part D:INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50) Part G:INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1)) Part H:INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) Part I:INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) Part J:INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2)) ANNEX VIIDEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS ANNEX IXCONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54 ANNEX XLIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)

ANNEX XIIMEANS OF PROOF OF SELECTION CRITERIA ANNEX XIVSERVICES REFFERED TO IN ARTICLE 74 Annex XXI-C to chapter 8 Basic elements of Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (Directive 89/665/EEC) as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Directive 2007/66/EC) and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (Directive 2014/23/EU)

(Phase 2) Article 1Scope and availability of review procedures Article 2Requirements for review procedures Article 2aStandstill period Article 2bDerogations from the standstill period Point (b) of the first paragraph of Article 2b Article 2cTime limits for applying for review Article 2dIneffectiveness Paragraph 1(b) Paragraph 2 and 3 Article 2eInfringements of this Directive and alternative penalties Article 2fTime limits Annex XXI-D to chapter 8 Basic elements of Directive 2014/25/EU

of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors (Phase 3) TITLE I Scope, definitions and general principles CHAPTER I Subject-matter and definitions Article 1Subject-matter and scope: paragraphs 1, 2, 5 and 6 Article 2Definitions: points 1-9, 13-16 and 18-20 Article 3Contracting authorities (paragraphs 1 and 4) Article 4Contracting entities: paragraphs 1-3 Article 5Mixed procurement covering the same activity Article 6Procurement covering several activities CHAPTER II Activities Article 7Common provisions Article 8Gas and heat Article 9Electricity Article 10Water Article 11Transport services

Article 12Ports and airports Article 13Postal services Article 14Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels CHAPTER III Material scope Section 1 - Thresholds Article 15Threshold amounts Article 16Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14 Section 2 - Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects Subsection 1:Exclusions applicable to all contracting entities and special exclusions for the water and energy sector Article 18Contracts awarded for purposes of resale or lease to third parties: para 1 Article 19Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: para 1 Article 20Contracts awarded and design contests organised pursuant to international rules Article 21Specific exclusions for service contracts Article 22Service contracts awarded on the basis of an exclusive right Article 23Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy Subsection 2:Procurement involving defence and security aspects Article 24Defence and security

Article 25Mixed procurement covering the same activity and involving defence or security aspects Article 26Procurement covering several activities and involving defence or security aspects Article 27Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules Subsection 3:Special relations (cooperation, affiliated undertakings and joint ventures) Article 28Contracts between contracting authorities Article 29Contracts awarded to an affiliated undertaking Article 30Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture Subsection 4:Specific situations Article 32Research and development services CHAPTER IV General principles Article 36Principles of procurement Article 37Economic operators Article 39Confidentiality Article 40Rules applicable to communication Article 41Nomenclatures Article 42Conflicts of interest TITLE II

Rules applicable to contracts CHAPTER I Procedures Article 44Choice of procedures: para 1, 2, 4 Article 45Open procedure Article 46Restricted procedure Article 47Negotiated procedure with prior call for competition Article 50Use of the negotiated procedure without prior call for competition: point (a) – (i) CHAPTER III Conduct of the procedure Section 1 - Preparation Article 58Preliminary market consultations Article 59Prior involvement of candidates or tenderers Article 60Technical specifications Article 61Labels Article 62Test reports, certification and other means of proof Article 63Communication of technical specifications Article 64Variants

Article 65Division of contracts into lots Article 66Setting time limits Section 2 - Publication and transparency Article 67Periodic indicative notices Article 68Notices on the existence of a qualification system Article 69Contract notices Article 70Contract award notices: para 1, 3, 4 Article 71Form and manner of publication of notices: paragraph 1, 1st subparagraph of paragraph 5 Article 73Electronic availability of procurement documents Article 74Invitations to candidates Article 75Informing applicants for qualification, candidates and tenderers Section 3 - Choice of participants and award of contract Article 76General principles Subsection 1:Qualification and qualitative selection Article 78Criteria for qualitative selection Article 79Reliance on the capacities of other entities: para 2 Article 80Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU Article 81Quality assurance standards and environmental management standards: para 1, 2

Subsection 2:Award of the contract Article 82Contract award criteria Article 83Life-cycle costing: paragraphs 1 and 2 Article 84Abnormally low tenders: para 1-4 CHAPTER IV: Contract performance Article 87Conditions for performance of contracts Article 88Subcontracting Article 89Modification of contracts during their term Article 90Termination of contracts TITLE III Particular procurement regimes CHAPTER I Social and other specific services Article 91Award of contracts for social and other specific services Article 92Publication of notices Article 93Principles of awarding contracts ANNEXES

ANNEX IList of activities as set out in point (a) of point 2 of Article 2 ANNEX VRequirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests ANNEX VI AInformation to be included in the periodic indicative notice (as referred to in Article 67) ANNEX VI BInformation to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1)) ANNEX VIIIDefinition of certain technical specifications ANNEX IXFeatures concerning publication ANNEX XInformation to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68) ANNEX XIInformation to be included in contract notices (as referred to in Article 69) ANNEX XIIInformation to be included in the contract award notice (as referred to in Article 70) ANNEX XIIIContents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74 ANNEX XIVList of International Social and Environmental Conventions referred to in Article 36(2) ANNEX XVIInformation to be included in notices of modifications of a contract during its term (as referred to in Article 89(1)) ANNEX XVIIServices referred to in Article 91 ANNEX XVIIIInformation to be included in notices concerning contracts for social and other specific services (as referred to in Article 92) Annex XXI-E to chapter 8 Basic elements of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (Directive 92/13/EEC) as amended by Directive 2007/66/EC and Directive 2014/23/EU (Phase 3)

Article 1Scope and availability of review procedures Article 2Requirements for review procedures Article 2aStandstill period Article 2bDerogations from the standstill period Point (b) of the first paragraph of Article 2b Article 2cTime limits for applying for review Article 2dIneffectiveness Paragraph 1 (b) 2 and 3 Article 2eInfringements of this Directive and alternative penalties Article 2fTime limits Annex XXI-F to chapter 8 I. other non-mandatory elements of Directive 2014/24/EU (Phase 4) The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions Section 1 - Subject-matter and definitions

Article 2Definitions (para 1, point (14), (16)) Article 20Reserved contracts CHAPTER II Techniques and instruments for electronic and aggregated procurement Article 37Centralised purchasing activities and central purchasing bodies CHAPTER III Conduct of the procedure Section 3 - Choice of participants and award of contracts Article 64Offical lists of approved economic operators and certification by bodies established under public or private law TITLE III Particular procurement regimes CHAPTER I Article 77Reserved contracts for certain services II. Non-mandatory elements of Directive 2014/23/EU (Phase 4) The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B

TITLE I Subject matter, scope, principles and definitions CHAPTER I Scope, general principles and definitions Section IV - Specific situations Article 24Reserved Concessions Annex XXI-G to chapter 8 I. Other mandatory elements of Directive 2014/24/EU (Phase 4) TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions Section 1 - Subject-matter and definitions Article 2Definitions (para 1 point (21)) Article 22Rules applicable to communication: paragraph 1 TITLE II Rules on public contracts

CHAPTER I Procedures Article 26Choice of procedures: paragraph 3, second alternative of paragraph 4 Article 30Competitive dialogue Article 31Innovation Partnership CHAPTER II Techniques and instruments for electronic and aggregated procurement Article 33Framework agreements Article 34Dynamic purchasing systems Article 35Electronic auctions Article 36Electronic catalogues Article 38Occasional joint procurement CHAPTER III Conduct of the procedure Section 2 - Publication and Transparency Article 50Contract award notices: paragraphs 2 and 3 TITLE III Particular procurement regimes

CHAPTER II Rules governing design contests Article 78Scope Article 79Notices Article 80Rules on the organisation of design contests and the selection of participants Article 81Composition of the jury Article 82Decisions of the jury ANNEXES ANNEX VINFORMATION TO BE INCLUDED IN NOTICES Part E:INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1)) Part F:INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2)) ANNEX VI:INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4)) II. mandatory elements of Directive 2014/23/EU (Phase 4) TITLE I Subject matter, scope, principles and definitions CHAPTER I Scope, general principles and definitions

Section I - Subject-matter, scope, general principles, definitions and threshold Article 1Subject-matter and scope: paragraphs 1, 2 and 4 Article 2Principle of free administration by public authorities Article 3Principle of equal treatment, non-discrimination and transparency Article 4Freedom to define services of general economic interest Article 5Definitions Article 6Contracting authorities: paragraphs 1 and 4 Article 7Contracting entities Article 8:Threshold and methods for calculating the estimated value of concessions Section II - Exclusions Article 10Exclusions applicable to concessions awarded by contracting authorities and contracting entities Article 11Specific exclusions in the field of electronic communications Article 12Specific exclusions in the field of water Article 13Concessions awarded to an affiliated undertaking Article 14Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture Article 17Concessions between entities within the public sector Section III - General provisions Article 18Duration of the concession Article 19Social and other specific services Article 20Mixed contracts

Article 21Mixed procurement contracts involving defence or security aspects Article 22Contracts covering both activities referred to in Annex II and other activities Article 23Concessions covering both activities referred to in Annex II and activities involving defence or security aspects Article 25Research and development services CHAPTER II Principles Article 26Economic operators Article 27Nomenclatures Article 28Confidentiality Article 29Rules applicable to communication TITLE II Rules on the award of concessions: General principles and procedural guarantees CHAPTER I General principles Article 30General principles: paragraphs 1, 2 and 3 Article 31Concession notices Article 32Concession award notices Article 33Form and manner of publication of notices: 1st subparagraph of paragraph 1

Article 34Electronic availability of concession documents Article 35Combating corruption and preventing conflicts of interest CHAPTER II Procedural guarantees Article 36Technical and functional requirements Article 37Procedural guarantees Article 38Selection of and qualitative assessment of candidates Article 39Time limits for receipt of applications and tenders for the concession Article 40Provision of information to candidates and tenderers Article 41Award criteria TITLE III Rules on performance of concessions Article 42Subcontracting Article 43Modification of contracts during their term Article 44Termination of concessions Article 45Monitoring and Reporting ANNEXES

ANNEX ILIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5 ANNEX IIACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7 ANNEX IIILIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2) ANNEX IVSERVICES REFERRED TO IN ARTICLE 19 ANNEX VINFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31 ANNEX VIINFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3) ANNEX VIIINFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32 ANNEX VIIIINFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32 ANNEX IXFEATURES CONCERNING PUBLICATION ANNEX XLIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3) ANNEX XIINFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43 Annex XXI-H to chapter 8 Other elements of Directive 89/665/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU (Phase 4) Article 2bDerogations from the standstill period Point (c) of the first paragraph of Article 2b Article 2dIneffectiveness Point (c) of the first paragraph of Article 2d

Paragraph 5 Annex XXI-I to chapter 8 (Phase 5) I. Other mandatory elements of Directive 2014/25/EU TITLE I Scope, definitions and general principles CHAPTER I Subject-matter and definitions Article 2Definitions: point 17 CHAPTER III Material scope Section 1 - Thresholds Article 16Methods for calculating the estimated value of procurement: paragraphs 5, 6 TITLE II Rules applicable to contracts CHAPTER I Procedures

Article 44Choice of procedures: paragraph 3 Article 48Competitive dialogue Article 49Innovation Partnership Article 50Use of the negotiated procedure without prior call for competition: point (j) CHAPTER II Techniques and instruments for electronic and aggregated procurement Article 51Framework agreements Article 52Dynamic purchasing systems Article 53Electronic auctions Article 54Electronic catalogues Article 56Occasional joint procurement CHAPTER III Conduct of the procedure Section 2 - Publication and transparency Article 70Contract award notices: para 2 Section 3 - Choice of participants and award of contract Subsection 1: Qualification and qualitative selection

Article 77Qualification systems Article 79Reliance on the capacities of other entities: paragraph 1 TITLE III Particular procurement regimes CHAPTER II Rules governing design contests Article 95Scope Article 96Notices Article 97Rules on the organisation of design contests, the selection of participants and the jury Article 98Decision of the jury ANNEXES ANNEX VIIInformation to be included in the procurement documents relating to electronic auctions (Article 53(4)) ANNEX XIXInformation to be included in the design contest notice (as referred to in Article 96(1)) ANNEX XXInformation to be included in the results of design contest notices (as referred to in Article 96(1)) II. other non-mandatory elements of Directive 2014/25/EU The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B. TITLE I

Scope, definitions and general principles CHAPTER I Subject-matter and definitions Article 2Definitions: points 10-12 CHAPTER IV General principles Article 38Reserved contracts TITLE II Rules applicable to contracts CHAPTER I Procedures Article 55Centralised purchasing activities and central purchasing bodies TITLE III Particular procurement regimes CHAPTER I Social and other specific services

Article 94Reserved contracts for certain services Annex XXI-J to chapter 8 Other elements of Directive 92/13/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU (Phase 5) Article 2bDerogations from the standstill period Point (c) of the first paragraph of Article 2b Article 2dIneffectiveness Point (c) of the first paragraph of Article 2d Paragraph 5 Annex XXI-K to chapter 8 I. Provisions of Directive 2014/24/EU outside the scope of approximation The elements of Directive 2014/24/EU listed in this Annex are not subject to the process of approximation. TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions

Section 1 - Subject-matter and definitions Article 1Subject-matter and scope: paragraphs 3 and 4 Article 2Definitions: paragraph 2 Section 2 - Thresholds Article 6Revision of the thresholds and of the list of central government authorities TITLE II Rules on public contracts CHAPTER I Procedures Article 25Conditions relating to the GPA and other international agreements CHAPTER II Techniques and instruments for electronic and aggregated procurement Article 39Procurement involving contracting authorities from different Member States CHAPTER III Conduct of the procedure Section 1 - Preparation

Article 44Test reports, certification and other means of proof: paragraph 3 Section 2 - Publication and transparency Article 51Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 Article 52Publication at national level Section 3 - Choice of participants and award of contracts Article 61Online repository of certificates (e-Certis) Article 62Quality assurance standards and environmental management standards: paragraph 3 Article 68Life-cycle costing: paragraph 3 Article 69Abnormally low tender: paragraph 5 TITLE IV GOVERNANCE Article 83Enforcement Article 84Individual reports on procedures for the award of contracts Article 85National reporting and statistical information Article 86Administrative Cooperation TITLE V

DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS Article 87Exercise of the delegation of powers Article 88Urgency procedure Article 89Committee procedure Article 90Transposition and transitional provisions Article 91Repeals Article 92Review Article 93Entry into force Article 94Addressees ANNEXES ANNEX ICENTRAL GOVERNMENT AUTHORITIES ANNEX VIIIFEATURES CONCERNING PUBLICATION ANNEX XIREGISTERS ANNEX XIIILIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3) ANNEX XVCORRELATION TABLE



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

TITLE I Subject matter, scope, principles and definitions CHAPTER I Scope, general principles and definitions Section I - Subject-matter, scope, general principles, definitions and threshold Article 1Subject-matter and scope: paragraph 3 Article 6Contracting authorities: paragraphs 2 and 3 Article 9Revision of the threshold Section II - Exclusions Article 15Notification of information by contracting entities Article 16Exclusion of activities which are directly exposed to competition TITLE II Rules on the award of concessions: General principles and procedural guarantees CHAPTER I General principles Article 30General principles: paragraph 4 Article 33Form and manner of publication of notices: 2nd subparagraph of paragraph 1, paragraphs 2, 3 and 4 TITLE IV Amendments to Directive 89/665/EEC and 92/13/EEC

Article 46Amendments to Directive 89/665/EEC Article 47Amendments to Directive 92/13/EEC TITLE V Delegated powers, implementing powers and final provisions Article 48Exercise of the delegation Article 49Urgency procedure Article 50Committee procedure Article 51Transposition Article 52Transitional provisions Article 53Monitoring and reporting Article 54Entry into force Article 55Addressees Annex XXI-L to chapter 8 Provisions of Directive 2014/25/EU outside the scope of approximation The elements listed in this Annex are not subject to the process of approximation. TITLE I Scope, definitions and general principles CHAPTER I

Subject-matter and definitions Article 1Subject matter and scope: paragraphs 3 and 4 Article 3Contracting authorities: paragraphs 2 and 3 Article 4Contracting entities: paragraph 4 CHAPTER III Material scope Section 1 - Thresholds Article 17Revision of the thresholds Section 2 - Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects Subsection 1:Exclusions applicable to all contracting entities and special exclusions for the water and energy sector Article 18Contracts awarded for purposes of resale or lease to third parties: paragraph 2 Article 19Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2 Subsection 3:Special relations (cooperation, affiliated undertakings and joint ventures) Article 31Notification of information Subsection 4:Specific situations Article 33Contracts subject to special arrangements Subsection 5:Activities directly exposed to competition and procedural provisions relating thereto Article 34Activities directly exposed to competition

Article 35Procedure for establishing whether Article 34 is applicable TITLE II Rules applicable to contracts CHAPTER I Procedures Article 43Conditions relating to the GPA and other international agreements CHAPTER II Article 57Procurement involving contracting entities from different Member States CHAPTER III Conduct of the procedure Section 2 - Publication and transparency Article 71Form and manner of publication of notices: paragraphs 2, 3, 4, 2nd subparagraph of paragraph 5, paragraph 6 Article 72Publication at national level Section 3 - Choice of participants and award of contract Article 81Quality assurance standards and environmental management standards: paragraph 3 Article 83Life-cycle costing: paragraph 3

Section 4 - Tenders comprising products originating in third countries and relations with those countries Article 85Tenders comprising products originating in third countries Article 86Relations with third countries as regards works, supplies and service contracts TITLE IV Governance Article 99Enforcement Article 100Individual reports on procedures for the award of contracts Article 101National reporting and statistical information Article 102Administrative cooperation TITLE V DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS Article 103Exercise of the delegation Article 104Urgency procedure Article 105Committee procedure Article 106Transposition and transitional provisions Article 107Repeal Article 108Review

Article 109Entry into force Article 110Addressees ANNEXES ANNEX IIList of Union legal acts referred to in Article 4(3) Annex IIIList of Union legal acts referred to in Article 34(3) Annex IVDeadlines for the adoption of the implementing acts referred to in Article 35 Annex XVList of Union legal acts referred to in Article 83(3) Annex XXI-M to chapter 8 Provisions of Directive 89/665/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU outside the scope of approximation The elements listed in this Annex are not subject to the process of approximation. Article 2bDerogations from the standstill period Point (a) of the first paragraph of Article 2b Article 2dIneffectiveness Point (a) of the first paragraph of Article 2d Paragraph 4 Article 3Corrective Mechanisms Article 3aContent of the notice for voluntary ex ante transparency Article 3bCommittee Procedure

Article 4Implementation Article 4aReview Annex XXI-N to chapter 8 Provisions of Directive 92/13/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU outside the scope of approximation The elements listed in this Annex are not subject to the process of approximation. Article 2bDerogations from the standstill period Point (a) of the first paragraph of Article 2b Article 2dIneffectiveness Point (a) of the first paragraph of Article 2d Paragraph 4 Article 3aContent of the notice for voluntary ex ante transparency Article 3bCommittee Procedure Article 8Corrective Mechanisms Article 12Implementation Article 12aReview Annex XXI-O to chapter 8 Ukraine: Indicative list of issues for cooperation 1.Training, in Ukraine and EU countries, of Ukrainian officials from government bodies engaged in public procurement;