Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on public procurement
Date: 2011-12-20
Institutions: European Commission
Subjects: award of contract, public expenditure, services contract, small and medium-sized enterprises, supplies contract, works contract

EUROPEAN COMMISSION 

Brussels, 20.12.2011 
COM(2011) 896 final 

2011/0438 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on public procurement 

(Text with EEA relevance) 

{SEC(2011) 1585 final} 
{SEC(2011) 1586 final} 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The Europe 2020 strategy for smart, sustainable and inclusive growth [COM(2010) 2020] is 
based on three interlocking and mutually reinforcing priorities: developing an economy based 
on  knowledge  and  innovation;  promoting  a  low-carbon,  resource-efficient  and  competitive 
economy;  and  fostering  a  high-employment  economy  delivering  social  and  territorial 
cohesion. 

Public procurement plays a key role in the Europe 2020 strategy as one of the market-based 
instruments to be used to achieve these objectives by improving the business environment and 
conditions  for  business  to  innovate  and  by  encouraging  wider  use  of  green  procurement 
supporting the shift towards a resource efficient and low-carbon economy. At the same time, 
the  Europe  2020  strategy  stresses  that  public  procurement  policy  must  ensure  the  most 
efficient use of public funds and that procurement markets must be kept open Union-wide. 

In the face of these challenges, the existing public procurement legislation needs to be revised 
and modernised in order to make it better suited to deal with the evolving political, social and 
economic context. 

In  its  communication  of  13  April  2011  on  ‘The  Single  Market  Act:  Twelve  levers  to  boost 
growth and confidence’, the Commission included among its twelve key priority actions to be 
adopted  by  the  EU  institutions  before  the  end  of  2012,  a  revised  and  modernised  public 
procurement legislative framework to make the award of contracts more flexible and enable 
public contracts to be put to better use in support of other policies. 

This proposal has two complementary objectives: 

• 

• 

Increase  the  efficiency  of  public  spending  to  ensure  the  best  possible 
procurement outcomes in terms of value for money. This implies in particular a 
simplification  and  flexibilisation  of  the  existing  public  procurement  rules. 
Streamlined, more efficient procedures will benefit all economic operators and 
facilitate the participation of SMEs and cross-border bidders. 

Allow  procurers  to  make  better  use  of  public  procurement  in  support  of 
common societal goals such as protection of the environment, higher resource 
and  energy  efficiency,  combating  climate  change,  promoting  innovation, 
employment and social inclusion and ensuring the best possible conditions for 
the provision of high quality social services. 

•  General context 

Public  procurement  plays  an  important  role  in  the  overall  economic  performance  of  the 
European Union. In Europe, public authorities spend around 18 % of GDP on supplies, works 
and services. Given the volume of purchases, public procurement can be used as a powerful 
lever for achieving a Single Market fostering smart, sustainable and inclusive growth. 

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The  current  generation  of  public  procurement  Directives  —  Directives  2004/17/EC1  and 
2004/18/EC2 — are the product of a long evolution that started in 1971 with the adoption of 
Directive 71/305/EEC. By guaranteeing transparent and non-discriminatory procedures, these 
Directives  principally  aim  to  ensure  that  economic  operators  from  across  the  Single  Market 
benefit fully from the basic freedoms in competing for public contracts. 

A comprehensive economic evaluation has shown that the public procurement Directives have 
achieved their objectives to a considerable extent. They have resulted in greater transparency 
and higher levels of competition while achieving measurable savings through lower prices. 

Stakeholders  have  nevertheless  voiced  demand  for  a  review  of  the  public  procurement 
directives  to  simplify  the  rules,  increase  their  efficiency  and  effectiveness  and  make  them 
better  suited  to  deal  with  the  evolving  political,  social  and  economic  context.  Streamlined, 
more  efficient  procedures  will  increase  flexibility  for  contracting  authorities,  benefit  all 
economic  operators  and  facilitate  the  participation  of  SMEs  and  cross-border  bidders. 
Improved public procurement rules will also allow contracting authorities to make better use 
of  public  procurement  in  support  of  common  societal  goals,  such  as  the  protection  of  the 
environment, higher resource and energy efficiency and combating climate change, promoting 
innovation and social inclusion, and ensuring the best possible conditions for the provision of 
high quality social services. These orientations were confirmed by the results of a consultation 
of stakeholders conducted by the Commission in spring 2011, where a very large majority of 
stakeholders supported the proposal to review the public procurement Directives in order to 
adapt  them  better  to  the  new  challenges  faced  by  public  procurers  and  economic  operators 
alike. 

•  Existing provisions in the area of the proposal 

Together  with  the  proposed  new  utilities  Directive,  the  proposal  will  replace  Directives 
2004/17/EC and 2004/18/EC as the core elements of the European Union public procurement 
legislative framework. 

The Directive will be complemented by the further elements of that legislative framework: 

• 

• 

Directive  2009/81/EC3  sets  specific  rules  for  defence  and  sensitive  security 
procurement, 

Directive  89/665/EEC4  establishes  common  standards  for  national  review 
procedures to ensure that rapid and effective means of redress is available in all 
EU countries in cases where bidders consider that contracts have been awarded 
unfairly. 

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4 

Directive  2004/17/EC  of  31  March  2004  coordinating  the  procurement  procedures  of  entities  in  the 
water, energy, transport and postal services sectors, OJ L 134, 30.4.2004, p. 1. 
Directive  2004/18/EC  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. 
Directive 2009/81/EC 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. 
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. 

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•  Consistency with the other policies and objectives of the Union 

This  initiative  implements  the  Europe  2020  strategy  for  smart,  sustainable  and  inclusive 
growth [COM(2010) 2020] and the Europe 2020 Flagship Initiatives on a Digital Agenda for 
Europe [COM(2010) 245], the Innovation Union [COM(2010) 546], an Integrated Industrial 
Policy  for  the  Globalisation  Era  [COM(2010)  614],  Energy  2020  [COM(2010)  639]  and  a 
Resource  Efficient  Europe  [COM(2011)  21].  It  also  implements  the  Single  Market  Act 
[COM(2011)  206],  in  particular  its  twelfth  key  action  ‘Revised  and  Modernised  Public 
Procurement Legislative Framework’. It is a CWP 2011 strategic initiative. 

2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The Commission published on 27 January 2011 a Green Paper on the modernisation of EU 
public  procurement  policy  —  Towards  a  more  efficient  European  Procurement  Market5 
launching a broad public consultation on options for legislative changes to make the award of 
contracts  easier  and  more  flexible  and  enable  public  contracts  to  be  put  to  better  use  in 
support  of  other  policies.  The  purpose  of  the  Green  Paper  was  to  identify  a  number  of  key 
areas for reform and  ask  for  stakeholders’  views on concrete options for legislative change. 
Among  the  issues  covered  were  the  needs  for  simplifying  and  flexibilising  procedures, 
strategic use of public procurement to promote other policy objectives, improving access of 
SMEs to public contracts and combating favouritism, corruption and conflicts of interest. 

The public consultation closed on 18 April 2011 and met with a high response. In total, 623 
replies  were  received,  coming  from  a  wide  variety  of  stakeholder  groups  including  central 
Member  State  authorities,  local  and  regional  public  purchasers  and  their  associations, 
undertakings,  industry  associations,  academics,  civil  society  organisations  (including  trade 
unions) and individual citizens. The majority of replies originated from the United Kingdom, 
Germany,  France  and,  to  a  lesser  degree,  Belgium,  Italy,  the  Netherlands,  Austria,  Sweden, 
Spain and Denmark. 

The  results  of  the  consultation  were  summarised  in  a  synthesis  paper6  and  presented  and 
discussed at a public conference on 30 June 20117. 

Summary of responses and how they have been taken into account 

A very large majority of stakeholders appreciated the initiative of the Commission to review 
the current public procurement policy. Amongst the different subjects discussed in the Green 
Paper, stakeholders put a particularly strong emphasis on the need to simplify procedures and 
make them more flexible. For instance, a clear majority of all stakeholder groups supported 

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COM(2011) 15: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0015:FIN:EN:PDF. 
http://ec.europa.eu/internal_market/consultations/docs/2011/public_procurement/synthesis_  
document_en.pdf. 
http://ec.europa.eu/internal_market/publicprocurement/modernising_rules/conferences/index_en.htm. 

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the idea of allowing greater use of a competitive procedure with negotiation. There was also 
strong support for measures to alleviate administrative burdens related to the choice of bidder. 

On the strategic use of public procurement to achieve the societal goals of the Europe 2020 
strategy,  stakeholders’  opinions  were  mixed.  Many  stakeholders,  especially  businesses, 
showed a general reluctance to the idea of using public procurement in support of other policy 
objectives. Other stakeholders, notably civil society organisations, were strongly in favour of 
such strategic use and advocated far-reaching changes to the very principles of the European 
Union public procurement policy. 

•  Collection and use of expertise 

In  addition  to  the  Green  Paper  consultation,  the  Commission  conducted  in  2010/2011  a 
comprehensive  evaluation  of  the  impact  and  effectiveness  of  EU  public  procurement 
legislation  drawing  on  an  extensive  body  of  evidence  and  new  independent  research.  The 
studies assessed mainly the cost and effectiveness of procurement procedures, issues of cross 
border  procurement,  SMEs’  access  to  public  procurement  markets  and  the  strategic  use  of 
public procurement in Europe. 

The  findings  of  the  evaluation  showed  clearly  that  the  public  procurement  Directives 
2004/17/EC and 2004/18/EC have helped to establish a culture of transparency and outcome-
driven  procurement,  generating  savings  and  improvements  in  the  quality  of  procurement 
outcomes  that  far  exceed  the  costs,  for  public  purchasers  and  suppliers,  of  running  those 
procedures. The evaluation has also found that differences in implementation and application 
of the Directives have led to different outcomes in different Member States. The time taken to 
complete procedures and the cost to public purchasers vary widely across Member States. 

•  Impact assessment 

The impact assessment and its executive summary give an overview of the different options 
for each of the five groups of basic problems (administrative organisation, scope, procedures, 
strategic  procurement  and  access  to  procurement  markets).  Based  on  an  analysis  of  the 
advantages  and  disadvantages  of  the  different  options,  a  package  of  preferred  options  was 
identified that should optimise the synergies between the different solutions allowing savings 
due to one type of action to neutralise related costs caused by another (e.g. possible increased 
procedural  requirements  caused  by  strategic  procurement  actions  could  partially  be 
neutralised  by  savings  related  to  the  improved  design  of  procurement  procedures).  These 
preferred options form the basis of the present proposal. 

The  draft  Impact  Assessment  report  was  scrutinised  by  the  Impact  Assessment  Board,  who 
asked for amendments concerning in particular the identification of the specific elements of 
the legislative framework to be addressed, the description of the options under discussion, a 
more  in-depth  cost-benefit  analysis  of  the  selected  headline  actions  and  the  systematic 
integration  of  stakeholder  views,  both  in  the  problem  definition  and  to  complement  the 
analysis  of  impacts.  These  recommendations  for  improvement  were  integrated  in  the  final 
report.  The  opinions  of  the  Impact  Assessment  Board  on  the  report  are  published  together 
with this proposal, as well as the final Impact Assessment report and its executive summary.  

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3. LEGAL ELEMENTS OF THE PROPOSAL 

•  Legal basis 

The proposal is based on Articles 53(1), 62 and 114 of the Treaty on the Functioning of the 
European Union (TFEU). 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the EU. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason: 

The  coordination  of  procedures  for  public  procurement  above  certain  thresholds  has  proven 
an important tool for the achievement of the Internal Market in the field of public purchasing 
by ensuring effective and equal access to public contracts for economic operators across the 
Single  Market.  Experience  with  Directives  2004/17/EC  and  2004/18/EC  and  the  earlier 
generations  of  public  procurement  Directives  has  shown  that  European-wide  procurement 
procedures  provide  transparency  and  objectivity  in  public  procurement  resulting  in 
considerable  savings  and  improved  procurement  outcomes  that  benefit  Member  States’ 
authorities and, ultimately, the European taxpayer. 

This  objective  could  not  be  sufficiently  achieved  through  action  by  Member  States  which 
would inevitably result in divergent requirements and possibly conflicting procedural regimes 
increasing  regulatory  complexity  and  causing  unwarranted  obstacles  for  cross-border 
activities. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle since it does not go beyond what is 
necessary in order to achieve the objective of ensuring the proper functioning of the Internal 
Market through a  set  of  European-wide coordinated procurement procedures. Moreover, the 
proposal is based on a ‘tool box’ approach, allowing Member State a maximum of flexibility 
in adapting the procedures and tools to their specific situation. 

Compared to the current public procurement Directives, the proposal will considerably reduce 
administrative burden related to the conduct of the procedure both for contracting authorities 
and economic operators; where new requirements are foreseen (for instance, in the context of 
strategic  procurement),  these  will  be  compensated  by  the  removal  of  constraints  in  other 
areas. 

•  Choice of instruments 

Since the proposal is based on Articles 53(1), 62 and 114 TFEU the use of a Regulation for 
the provisions applying both to the procurement of goods and services would not be permitted 
by the Treaty. The instrument proposed is therefore a Directive. 

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During the impact assessment process, non-legislative options were discarded for reasons set 
out in detail in the impact assessment. 

4. BUDGETARY IMPLICATION 

The proposal has no budgetary implications. 

5. ADDITIONAL INFORMATION 

•  Repeal of existing legislation 

The  adoption  of  the  proposal  will  lead  to  the  repeal  of  existing  legislation  (Directive 
2004/18/EEC). 

•  Review/revision/sunset clause 

The  proposal  contains  a  review  clause  concerning  the  economic  effects  of  the  threshold 
amounts. 

•  Transposition measures and explanatory documents 

The  proposal  concerns  an  area  where  Union  legislation  has  a  coordination  purpose,  with  a 
significant impact on a wide range of national legal sectors. Notwithstanding the coordination 
purpose,  many  provisions  constitute  full  harmonisation  and  the  proposal  includes  a  large 
number of legal obligations. Member States supplement Union rules with national additional 
provisions so as the whole system becomes operational.  

In this context, the Commission has identified a number of factors which render explanations 
by Member States necessary both for the correct understanding of transposing measures and 
for the functioning of the whole picture of procurement rules at national level: 

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– 

– 

transposing  and  implementing  measures  are  adopted  at  different  institutional  levels 
(national / federal, regional, local); 

in addition to the different regulatory layers, in many Member States rules are also 
established according to the sector involved or the type of procurement concerned; 

administrative measures of general or specific nature complement and in some cases 
overlap the main legal framework. 

Only Member States can explain how the different measures transpose the Union directives in 
the public procurement sector and how the same measures interact each with the others. 

For these reasons, the communication of documents explaining the relationship between the 
various parts of this directive and the corresponding parts of national transposition measures 
should  be  communicated  together  with  the  transposing  measures,  in  particular  concordance 
tables, which constitute an operational tool for the analysis of the national measures. 

•  European Economic Area 

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The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

•  Detailed explanation of the proposal 

1) Simplification and flexibilisation of procurement procedures 

The  proposed  Directive  provides  for  a  simplification  and  flexibilisation  of  the  procedural 
regime  set  by  the  current  public  procurement  Directives.  For  this  purpose,  it  contains  the 
following measures: 

Clarification of scope: The basic concept of ‘procurement’ which appears also in the title of 
the proposed Directive has been newly introduced in order to better determine the scope and 
purpose of procurement law and to facilitate the application of the thresholds. The definitions 
of  certain  key  notions  determining  the  scope  of  the  Directive  (such  as  body  governed  by 
public law, public works and service contracts, mixed contracts) have been revised in the light 
of  the  case-law  of  the  Court  of  Justice.  At  the  same  time,  the  proposal  endeavours  to  keep 
continuity in the use of notions and concepts that have been developed over the years through 
the Court’s case-law and are well known to practitioners. In this context, it should be noted 
that minor deviations from the wording and presentation known from the previous Directives 
do not necessarily imply a change of substance, but may be due to simplification of texts. 

The  traditional  distinction  between  so-called  prioritary  and  non-prioritary  services  (‘A’  and 
‘B’  services)  will  be  abolished.  The  results  of  the  evaluation  have  shown  that  is  no  longer 
justified  to  restrict  the  full  application  of  procurement  law  to  a  limited  group  of  services. 
However,  it  became  also  clear  that  the  regular  procurement  regime  is  not  adapted  to  social 
services which need a specific set of rules (see below). 

Toolbox  approach:  Member  State  systems  will  provide  two  basic  forms  of  procedure,  open 
and  restricted  procedure.  They  may,  in  addition,  foresee,  subject  to  certain  conditions,  the 
competitive  procedure  with  negotiation,  the  competitive  dialogue  and/or  the  innovation 
partnership, a new form of procedure for innovative procurement (see below). 

Contracting  authorities  will  furthermore  have  at  their  disposal  a  set  of  six  specific 
procurement  techniques  and  tools  intended  for  aggregated  and  electronic  procurement: 
framework  agreements,  dynamic  purchasing  systems,  electronic  auctions,  electronic 
catalogues,  central  purchasing  bodies  and  joint  procurement.  Compared  to  the  existing 
Directive,  these  tools  have  been  improved  and  clarified  with  a  view  to  facilitating 
e-procurement. 

Lighter  regime  for  sub-central  contracting  authorities:  In  line  with  the  WTO  Government 
Procurement Agreement, the proposal provides a simplified procurement regime that applies 
to  all  contracting  authorities  below  the  central  government  level,  such  as  local  and  regional 
authorities.  These  purchasers  may  use  a  prior  information  notice  as  a  means  of  calling  for 
competition. If they make use of this faculty, they don’t have to publish a separate contract 
notice before launching the procurement procedure. They may also set certain time limits in a 
more flexible way by mutual agreement with participants. 

Promotion  of  e-procurement:  The  use  of  electronic  communications  and  transaction 
processing  by  public  purchasers  can  deliver  significant  savings  and  improved  procurement 
outcomes  while  reducing  waste  and  error.  The  proposal  aims  at  helping  Member  States  to 

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achieve the switchover to e-procurement enabling suppliers to take part in online procurement 
procedures across the Internal Market. For this purpose, the proposed Directive provides for 
the  mandatory  transmission  of  notices  in  electronic  form,  the  mandatory  electronic 
availability  of  the  procurement  documents  and  imposes  the  switch  to  fully  electronic 
communication, in particular e-submission, in all procurement procedures within a transition 
period of two years. It streamlines and improves Dynamic Purchasing Systems and electronic 
catalogues,  fully  electronic  procurement  tools  that  are  particularly  adapted  to  highly 
aggregated  procurement  done  by  Central  Purchasing  Bodies.  The  e-procurement  instrument 
would also enable contracting authorities to prevent, detect and correct errors generally due to 
wrong understanding or interpretation of public procurement rules. 

Modernisation  of  procedures:  The  proposal  provides  a  more  flexible  and  user-friendly 
approach  for  certain  important  features  of  procurement  procedures.  Time-limits  for 
participations and submission of offers have been  shortened, allowing for quicker and more 
streamlined  procurement.  The  distinction  between  selection  of  tenderers  and  award  of  the 
contract which is often a source of errors and misunderstandings has been made more flexible, 
allowing  it  for  contracting  authorities  to  decide  on  the  most  practical  sequencing  by 
examining  award  criteria  before  selection  criteria  and  to  take  into  account  the  organisation 
and quality of the staff assigned to performing the contract as an award criterion.  

The  grounds  for  exclusion  of  candidates  and  tenderers  have  been  reviewed  and  clarified. 
Contracting  authorities  will  be  entitled  to  exclude  economic  operators  which  have  shown 
significant or persistent deficiencies in performing prior contracts. The proposal provides also 
for  the  possibility  of  ‘self-cleaning’:  contracting  authorities  may  accept  candidates  or 
tenderers  in  spite  of  the  existence  of  an  exclusion  ground  if  they  have  taken  appropriate 
measures to remedy the consequences of any illicit behaviour and effectively prevent further 
occurrences of the misbehaviour. 

The  modification  of  contracts  during  their  term  has  become  an  increasingly  relevant  and 
problematic issue for practitioners. A specific provision on modification of contracts takes up 
the basic solutions developed by case-law and provides a pragmatic solution for dealing with 
unforeseen circumstances requiring an adaption of a public contract during its term. 

2) Strategic use of public procurement in response to new challenges 

The proposed Directive is based on enabling approach providing contracting authorities with 
the instruments needed to contribute to the achievement of the Europe 2020 strategic goals by 
using their purchasing power to procure goods and services that foster innovation, respect the 
environment  and  combat  climate  change  while  improving  employment,  public  health  and 
social conditions. 

Life-cycle  costing:  The  proposal  gives  public  purchasers  the  possibility  to  base  their  award 
decisions on life-cycle costs of the products, services or works to be purchased. The life cycle 
covers all stages of the existence of a product or works or provision of a service, from raw 
material acquisition or generation of resources until disposal, clearance and finalisation. The 
costs to be taken into account do not only include direct monetary expenses, but also external 
environmental costs if they can be monetised and verified. Where a common European Union 
methodology for the calculation of life-cycle costs has been developed, contracting authorities 
have to make use of it. 

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Production  process:  Contracting  authorities  may  refer  to  all  factors  directly  linked  to  the 
production  process  in  the  technical  specifications  and  in  the  award  criteria,  as  long  as  they 
refer to aspects of the production process which are closely related to the specific production 
or provision of the good or service purchased. This excludes requirements not related to the 
process  of  producing  the  products,  works  or  services  covered  by  the  procurement,  such  as 
general  corporate  social  responsibility  requirements  covering  the  whole  operation  of  the 
contractor. 

Labels:  Contracting  authorities  may  require  that  works,  supplies  or  services  bear  specific 
labels certifying environmental, social or other characteristics, provided that they accept also 
equivalent labels. This applies for instance to European or (multi-)national eco-labels or labels 
certifying  that  a  product  is  free  of  child-labour.  The  certification  schemes  in  question  must 
concern  characteristics  linked  to  the  subject-matter  of  the  contract  and  be  drawn  up  on  the 
basis  of  scientific  information,  established  in  an  open  and  transparent  procedure  and 
accessible to all interested parties. 

Sanctioning violations of mandatory social, labour or environmental law: Under the proposed 
Directive,  a  contracting  authority  can  exclude  economic  operators  from  the  procedure,  if  it 
identifies infringements of obligations established by Union legislation in the field of social, 
labour or environmental law or of international labour law provisions. Moreover, contracting 
authorities will be obliged to reject tenders if they have established that they are abnormally 
law because of violations of Union legislation in the field of social, labour or environmental 
law. 

Social  services:  The  evaluation  on  the  impact  and  effectiveness  of  EU  public  procurement 
legislation  has  shown  that  social,  health  and  education  services  have  specific  characteristics 
which make them inappropriate for the application of the regular procedures for the award of 
public service contracts. These services are typically provided within a specific context that 
varies  widely  between  Member  States  due  to  different  administrative,  organisational  and 
cultural  circumstances.  The  services  have,  by  their  very  nature,  only  a  very  limited  cross-
border  dimension.  Member  States  should  therefore  have  large  discretion  to  organise  the 
choice of service providers. The proposal takes account of this by providing a specific regime 
for public contracts for these services, with a higher threshold of EUR 500 000 and imposing 
only  the  respect  of  basic  principles  of  transparency  and  equal  treatment.  A  quantitative 
analysis  of  the  values  of  contracts  for  the  relevant  services  awarded  to  economic  operators 
from abroad has shown that contracts below this value have typically no cross-border interest.  

Innovation: Research and innovation play a central role in the Europe 2020 strategy for smart, 
sustainable  and  inclusive  growth.  Public  purchasers  should  be  enabled  to  buy  innovative 
products and services promoting future growth and improving efficiency and quality of public 
services.  The  proposal  provides  for  this  purpose  the  innovation  partnership,  a  new  special 
procedure for the development and subsequent purchase of new, innovative products, works 
and  services,  provided  they  can  be  delivered  to  agreed  performance  levels  and  costs.  In 
addition,  the  proposal  improves  and  simplifies  the  competitive  dialogue  procedure  and 
facilitates  cross-border  joint  procurement  which  is  an  important  instrument  for  innovative 
purchasing. 

3) Better access to the market for SMEs and Start-ups 

Small  and  medium-sized  enterprises  (SMEs)  have  a  huge  potential  for  job  creation,  growth 
and innovation. Easy access to procurement markets can help them unlock this potential while 

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allowing contracting authorities to broaden their supplier base, with positive effects of higher 
competition for public contracts. In order to make public contracts as accessible as possible to 
SMEs, the Commission published in 2008 the ‘European Code of Best Practices facilitating 
access  by  SMEs  to  public  procurement  contracts’8.  The  proposal  builds  on  this  work  and 
provides concrete measures to remove barriers for market access by SMEs. 

Simplification  of  information  obligations:  The  general  simplification  of  information 
obligations in procurement procedures will greatly benefit SMEs. The proposal provides for 
the mandatory acceptance of self-declarations as prima-facie evidence for selection purposes. 
The  actual  production  of  documentary  evidence  will  be  facilitated  by  a  standardised 
document, the European Procurement Passport which is a means of proof for the absence of 
grounds for exclusion. 

Division  into  lots:  Contracting  authorities  will  be  invited  to  divide  public  contracts  into  — 
homogeneous  or  heterogeneous  —  lots  to  make  them  more  accessible  for  SMEs.  If  they 
decide not do so, they will be obliged to provide a specific explanation. 

Limitation  on  requirements  for  participation:  To  avoid  unjustified  barriers  in  the  way  of 
participation  by  SMEs,  the  proposed  Directive  contains  an  exhaustive  list  of  possible 
conditions  for  participation  in  procurement  procedures  and  states  explicitly  that  any  such 
conditions  shall  be  restricted  ‘to  those  that  are  appropriate  to  ensure  that  a  candidate  or 
tenderer has the ... capacities and ... abilities to perform the contract to be awarded’. Turnover 
requirements  which  are  frequently  a  formidable  obstacle  to  access  by  SMEs  are  explicitly 
limited to three times the estimated contract value, except in duly justified cases. Finally, any 
conditions  for  participation  by  groups  of  economic  operators  —  an  instrument  of  particular 
relevance for SMEs — must be justified by objective reasons and proportionate. 

Direct payment of subcontractors: In addition, Member State can provide that subcontractors 
may request for direct payment by the contracting authority of supplies, works and services 
provided  to  the  main  contractor  in  the  context  of  the  contract  performance.  This  offers 
subcontractors  which  are  often  SMEs  an  efficient  way  of  protecting  their  interest  in  being 
paid. 

4) Sound procedures 

The  financial  interests  at  stake  and  the  close  interaction  between  the  public  and  the  private 
sector make public procurement a risk area for unsound business practices such as conflict of 
interest,  favouritism  and  corruption.  The  proposal  improves  the  existing  safeguards  against 
such risks and provides for additional protection. 

Conflicts  of  interest:  The  proposal  contains  a  specific  provision  on  conflicts  of  interest 
covering actual, potential or perceived conflict of interest situations affecting staff members 
of the contracting authority or of procurement service providers intervening in the procedure 
and members of the contracting authority’s management who may influence the outcome of a 
procurement procedure even if they are not formally involved in it. 

Illicit  conduct:  The  proposal  contains  a  specific  provision  against  illicit  behaviour  by 
candidates  and  tenderers,  such  as  attempts  to  improperly  influence  the  decision-making 
process or entering into agreements with other participants to manipulate the outcome of the 

8 

Commission Staff Working Document SEC(2008) 2193. 

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procedure  have  to  be  excluded  from  the  procedure.  Such  illicit  activities  violate  basic 
principles of European Union result and can result in serious distortions of competition. 

Unfair advantages: Market consultations are a useful instrument for contracting authorities to 
obtain information on the structure, capability and capacity of a market while at the same time 
informing  market  actors  on  public  purchasers’  procurement  projects  and  requirements. 
However, preliminary contacts with market participants must not result in unfair advantages 
and  distortions  of  competitions.  The  proposal  contains  therefore  a  specific  provision  on 
safeguards  against  undue  preference  in  favour  of  participants  who  have  advised  the 
contracting authority or been involved in the preparation of the procedure. 

5) Governance 

National  oversight  bodies:  The  evaluation  has  shown  that  not  all  Member  States  are 
consistently and systematically monitoring the implementation and functioning of the public 
procurement  rules.  This  compromises  the  efficient  and  uniform  application  of  European 
Union  law.  The  proposal  provides  therefore  that  Member  States  designate  a  single  national 
authority in charge of monitoring, implementation and control of public procurement. Only a 
single  body  with  overarching  tasks  will  ensure  an  overview  of  main  implementation 
difficulties  and  will  be  able  to  suggest  appropriate  remedies  to  more  structural  problems.  It 
will be in the position to provide immediate feedback on the functioning of the policy and the 
potential  weaknesses  in  national  legislation  and  practice,  thus  contributing  to  the  quick 
identification of solutions and the improvement of the procurement procedures.  

Knowledge centres: In many cases, contracting authorities do not have the internal expertise 
to deal with complex procurement projects. Appropriate and independent professional support 
by administrative structures could considerably improve procurement outcomes by expanding 
the knowledge base and the professionalism of public procurers and delivering assistance to 
businesses, notably SMEs. The proposal obliges therefore Member States to provide support 
structures offering legal and economic advice, guidance, training and assistance in preparing 
and  conducting  procurement  procedures.  Support  structures  or  mechanisms  exist  already  at 
national  level,  although  organised  in  very  different  manners  and  covering  different  areas  of 
interest  for  contracting  authorities.  Member  States  will  therefore  be  able  to  use  these 
mechanisms, build on their expertise and promote their services as an appropriate and modern 
tool capable to provide appropriate support to contracting authorities and economic operators.  

To  reinforce  the  fight  against  corruption  and  favouritism,  contracting  authorities  will  be 
obliged to transmit the text of concluded contracts to the oversight body, which will thus be 
able to scrutinize these contracts for suspicious patterns, and give access to these documents 
to  interested  persons  to  the  extent  that  legitimate  public  or  private  interests  are  not 
jeopardized.  However,  the  creation  of  disproportionate  administrative  burden  must  be 
avoided; the obligation to transmit the full text of concluded contracts should therefore remain 
limited  to  relatively  high  value  contracts.  The  thresholds  proposed  would  strike  the  right 
balance  between  increasing  administrative  burden  and  ensuring  greater  transparency:  with  a 
threshold of 1 000 000 EUR for supplies and services, and of 10 000 000 EUR, this obligation 
would apply to 10 - 20 % of all procurement published in the Official Journal. 

It is not foreseen that requirements concerning oversight bodies and knowledge centres will 
generate overall additional financial burden for Member States. If some costs are expected to 
re-organise  or  fine  tune  the  activities  of  existing  mechanisms  and  structures,  they  will  be 
neutralised  by  a  reduction  of  litigation  costs  (both  for  contracting  authorities  and  business), 

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costs  related  to  delays  in  the  attribution  of  contracts,  due  to  misapplication  of  public 
procurement rules or to the bad preparation of the procurement procedures, as well as costs 
related to the fact that advice to contracting authorities is currently provided in a fragmented 
and inefficient manner.  

Administrative cooperation: The proposal provides also for effective cooperation allowing 
national oversight bodies to share information and best practices and to cooperate through the 
Internal Market Information System (IMI).

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2011/0438 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on public procurement 

(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 Parliaments9, 

Having regard to the opinion of the European Economic and Social Committee10, 

Having regard to the opinion of the Committee of the Regions11, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

The  award  of  public  contracts  by  or  on  behalf  of  Member  States  authorities  has  to 
comply with the principles of the Treaty on the Functioning of the European Union, 
and  in  particular  the  free  movement  of  goods,  freedom  of  establishment  and  the 
freedom to provide services as well as the principles deriving therefrom, such as equal 
treatment,  non-discrimination,  mutual  recognition,  proportionality  and  transparency. 
However,  for  public  contracts  above  a  certain  value,  provisions  should  be  drawn  up 
coordinating national procurement procedures so as to ensure that these principles are 
given practical effect and public procurement is opened up to competition. 

Public  procurement  plays  a  key  role  in  the  Europe  2020  strategy12  as  one  of  the 
market-based  instruments  to  be  used  to  achieve  a  smart,  sustainable  and  inclusive 
growth  while  ensuring  the  most  efficient  use  of  public  funds.  For  that  purpose,  the 
current  public  procurement  rules  adopted  pursuant  to  Directive  2004/17/EC  of  the 
European  Parliament  and  of  the  Council  of  31  March  2004  coordinating  the 
procurement procedures of entities operating in the water, energy, transport and postal 

9 
10 
11 
12 

OJ C …. 
OJ C …. 
OJ C … . 
COM(2010) 2020 final, 3.3-2010. 

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services  sectors13  and  Directive  2004/18/EC  of  the  European  Parliament  and  of  the 
Council of 31 March 2004 on the coordination of procedures for the award of public 
works  contracts,  public  supply  contracts  and  public  service  contracts14  have  to  be 
revised  and  modernised  in  order  to  increase  the  efficiency  of  public  spending, 
facilitating  in  particular  the  participation  of  small  and  medium-sized  enterprises  in 
public procurement and to enable procurers to make better use of public procurement 
in support of common societal goals. There is also a need to clarify basic notions and 
concepts  to  ensure  better  legal  certainty  and  to  incorporate  certain  aspects  of  related 
well-established case-law of the Court of Justice of the European Union. 

The increasingly diverse forms of public action have made it necessary to define more 
clearly  the  notion  of  procurement  itself.  The  Union  rules  on  public  procurement  are 
not intended to cover all forms of disbursement of public money, but only those aimed 
at  the  acquisition  of  works,  supplies  or  services  for  consideration.  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  of  an 
activity, which is frequently linked to the obligation to reimburse the amounts received 
where  they  are  not  used  for  the  purposes  intended,  does  not  usually  fall  under  the 
public procurement rules.  

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

Under  Article  11  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
environmental  protection  requirements  must  be  integrated  into  the  definition  and 
implementation  of  the  Union  policies  and  activities,  in  particular  with  a  view  to 
promoting  sustainable  development.  This  Directive  clarifies  how  the  contracting 
authorities may contribute to the protection of the environment and the promotion of 
sustainable development, whilst ensuring that they can obtain the best value for money 
for their contracts. 

Even if they do not necessarily lead to corrupt conduct, actual, potential or perceived 
conflicts of interest have a high potential to improperly influence public procurement 
decisions with the effect of distorting competition and jeopardising equal treatment of 
tenderers.  Effective  mechanisms  should  therefore  be  set  up  to  prevent,  identify  and 
remedy conflicts of interest. 

(3) 

(4) 

(5) 

(6) 

13 
14 

OJ L 134, 30.4.2004, p. 1. 
OJ L 134, 30.4.2004, p. 114. 

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(7) 

(8) 

(9) 

Illicit conduct by participants in a procurement procedure, such as attempts to unduly 
influence  the  decision-making  process  or  to  enter  into  agreements  with  other 
candidates to manipulate the outcome of the procedure, can result in violations of the 
basic  principles  of  Union  law  and  in  serious  distortions  of  competition.  Economic 
operators should therefore be required to submit a declaration on honour that they do 
not  engage  in  such  illicit  activities  and  be  excluded  if  this  declaration  proves  to  be 
false. 

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)15 
approved  in  particular  the  World  Trade  Organisation  Agreement  on  Government 
Procurement, hereinafter referred to as the ‘Agreement’. The aim of the Agreement 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  the  Agreement,  as  well  as  by  other  relevant 
international  agreements  by  which  the  Union  is  bound,  contracting  authorities  fulfil 
the  obligations  under  these  agreements  by  applying  this  Directive  to  economic 
operators of third countries that are signatories to the agreements. 

The Agreement applies to contracts above certain thresholds, set in the Agreement 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 Agreement. Provision should also be made for periodic reviews of the thresholds 
expressed in euros so as to adjust them, by way of a purely mathematical operation, to 
possible variations in the value of the euro in relation to the special drawing right. 

(10)  The  results  of  the  Evaluation  on  the  Impact  and  Effectiveness  of  EU  Public 
Procurement Legislation16 demonstrated that the exclusion of certain services from the 
full application of the Directive should be reviewed. As a result, the full application of 
this  directive  is  extended  to  a  number  of  services  (such  as  hotel  and  legal  services, 
which both showed a particularly high percentage of cross-border trade). 

(11)  Other  categories  of  services  continue  by  their  very  nature  to  have  a  limited  cross-
border  dimension,  namely  what  are  known  as  services  to  the  person,  such  as  certain 
social, health and educational services. These services are provided within a particular 
context that varies widely amongst Member States, due to different cultural traditions. 
A  specific  regime  should  therefore  be  established  for  public  contracts  for  these 
services, with a higher threshold of EUR 500 000. Services to the person with values 
below this threshold will typically not be of interest to providers from other Member 
States,  unless  there are concrete  indications to the contrary, such as Union financing 
for  transborder  projects.  Contracts  for  services  to  the  person  above  this  threshold 
should  be  subject  to  Union-wide  transparency.  Given  the  importance  of  the  cultural 
context  and  the  sensitivity  of  these  services,  Member  States  should  be  given  wide 
discretion to organise the choice of the service providers in the way they consider most 
appropriate. The rules of this directive take account of that imperative, imposing only 
observance  of  basic  principles  of  transparency  and  equal  treatment  and  making  sure 

15 
16 

OJ L 336, 23.12.1994, p. 1. 
SEC(2011) 853 final, 27.6.2011. 

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that contracting authorities are able to apply specific quality criteria for the choice of 
service  providers,  such  as  the  criteria  set  out  in  the  voluntary  European  Quality 
Framework  for  Social  Services  of 
the  European  Union's  Social  Protection 
Committee17.  Member  States  and/or  public  authorities  remain  free  to  provide  these 
services  themselves  or  to  organise  social  services  in  a  way  that  does  not  entail  the 
conclusion  of  public  contracts,  for  example  through  the  mere  financing  of  such 
services  or  by  granting  licences  or  authorisations  to  all  economic  operators  meeting 
the conditions established beforehand by the contracting authority, without any limits 
or quotas, provided such a system ensures sufficient advertising and complies with the 
principles of transparency and non-discrimination.  

(12)  Public  contracts  that  are  awarded  by  contracting  authorities  operating  in  the  water, 
energy,  transport  and  postal  services  sectors  and  fall  within  the  scope  of  those 
activities are covered by Directive […] of the European Parliament and of the Council 
of […] on procurement by entities operating in the water, energy, transport and postal 
services sectors18. 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. 

(13)  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. 

(14)  There  is  considerable  legal  uncertainty  as  to  how  far  cooperation  between  public 
authorities  should  be  covered  by  public  procurement  rules.  The  relevant  case-law  of 
the Court of Justice of the European Union is interpreted divergently between Member 
States and even between contracting authorities. It is therefore necessary to clarify in 
what cases contracts concluded between contracting authorities 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.  The  sole  fact  that 
both  parties  to  an  agreement  are  themselves  contracting  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 decide 
how to organise the way they carry out their public service tasks. Contracts awarded to 
controlled entities or cooperation for the joint execution of the public service tasks of 
the  participating  contracting  authorities  should  therefore  be  exempted  from  the 
application  of  the  rules  if  the  conditions  set  out  in  this  directive  are  fulfilled.  This 
directive should aim to ensure that any exempted public-public cooperation does not 
cause  a  distortion  of  competition  in  relation  to  private  economic  operators.  Neither 
should the participation of a contracting authority as a tenderer in a procedure for the 
award of a public contract cause any distortion of competition. 

(15)  There is a widespread need for additional flexibility and in particular for wider access 
to a procurement procedure providing for negotiations, as is explicitly foreseen in the 
Agreement,  where  negotiation  is  allowed  in  all  procedures.  Contracting  authorities 
should, unless otherwise provided in the legislation of the Member State concerned, be 

17 
18 

SPC/2010/10/8 final,6.10.2010. 
... 

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able to use a competitive procedure with negotiation as provided for in this Directive, 
in various situations where open or restricted procedures without negotiations are not 
likely  to  lead  to  satisfactory  procurement  outcomes.  This  procedure  should  be 
accompanied  by  adequate  safeguards  ensuring  observance  of  the  principles  of  equal 
treatment and transparency. This will give greater leeway to contracting authorities to 
buy works, supplies and services perfectly adapted to their specific needs. At the same 
time,  it  should  also  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. 

(16)  For  the  same  reasons,  contracting  authorities  should  be  free  to  use  the  competitive 
dialogue.  The  use  of  this  procedure  has  significantly  increased  in  terms  of  contract 
values over the last 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. 

(17)  Research  and  innovation,  including  eco-innovation  and  social  innovation,  are  among 
the main drivers of future growth and have been put at the centre of the Europe 2020 
strategy  for  smart,  sustainable  and  inclusive  growth.  Public  authorities  should  make 
the  best  strategic  use  of  public  procurement  to  spur  innovation.  Buying  innovative 
goods and services plays a key role in improving the efficiency and quality of public 
services  while  addressing  major  societal  challenges.  It  contributes  to  achieving  best 
value for public money as well as wider economic, environmental and societal benefits 
in  terms  of  generating  new  ideas,  translating  them  into  innovative  products  and 
services  and  thus  promoting  sustainable  economic  growth.  This  directive  should 
contribute to facilitating public procurement of innovation and help Member States in 
achieving  the  Innovation  Union  targets.  A  specific  procurement  procedure  should 
therefore be provided for which allows contracting authorities to establish a long-term 
innovation  partnership  for  the  development  and  subsequent  purchase  of  a  new, 
innovative  product,  service  or  works  provided  it  can  be  delivered  to  agreed 
performance levels and costs. The partnership should be structured in such a way that 
it  can  provide  the  necessary  ‘market-pull’,  incentivising  the  development  of  an 
innovative solution without foreclosing the market. 

(18) 

In view of the detrimental effects on competition, negotiated procedures without prior 
publication of a contract notice should only be used in very exceptional circumstances. 
This exception should be limited to cases where publication is either not possible, for 
reasons of force majeure in line with the standing case-law of the Court of Justice of 
the  European  Union,  or  where  it  is  clear  from  the  outset  that  publication  would  not 
trigger  more  competition,  not  least  because  there  is  objectively  only  one  economic 
operator  that  can  perform  the  contract.  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,  and  where  there  are  no  adequate  substitutes,  the 
availability of which should be assessed thoroughly. 

(19)  Electronic  means  of  information  and  communication  can  greatly  simplify  the 
publication  of  contracts  and  increase  the  efficiency  and  transparency  of  procurement 

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processes. They should become the standard means of communication and information 
exchange in procurement procedures. The use of electronic means also leads to time 
savings.  As  a  result,  provision  should  be  made  for  reducing  the  minimum  periods 
where  electronic  means  are  used,  subject,  however,  to  the  condition  that  they  are 
compatible  with  the  specific  mode  of  transmission  envisaged  at  Union  level. 
Moreover,  electronic  means  of  information  and  communication  including  adequate 
functionalities can enable contracting authorities to prevent, detect and correct errors 
that occur during procurement procedures.  

(20)  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 small and medium-sized enterprises. 

(21)  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  is.  However,  certain  concepts  need  to  be  clarified,  in  particular  the 
conditions for the use of a framework agreement by contracting authorities which are 
not themselves party to it. 

(22) 

(23) 

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  this  instrument.  The  systems  need  to  be  simplified,  in 
particular by operating them 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 these 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.  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  addition,  new  electronic  purchasing  techniques  are  constantly  being  developed, 
such as electronic catalogues. They 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 the 
rules  of  this  Directive  and  the  principles  of  equal  treatment,  non-discrimination  and 
transparency. In particular, where competition has been reopened under a framework 
agreement or where a dynamic purchasing system is being used and 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 
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 

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electronic  catalogues  and  which  guarantee  compliance  with  the  general  principles  of 
non-discrimination and equal treatment. 

(24)  Centralised  purchasing  techniques  are  increasingly  used  in  most  Member  States. 
Central purchasing bodies are responsible for making acquisitions or awarding public 
contracts/framework agreements for other contracting authorities. In view of the large 
volumes  purchased,  such  techniques  help  increase  competition  and  professionalise 
public  purchasing.  Provision  should  therefore  be  made  for  a  Union  definition  of 
central purchasing bodies dedicated to contracting authorities, without preventing the 
continuation  of  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. Rules 
should  also  be  laid  down  for  allocating  responsibility  for  the  observance  of  the 
obligations pursuant to this Directive, also in the case of remedies, among the central 
purchasing body and the contracting authorities procuring from or through the central 
purchasing  body.  Where  the  latter  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. 

(25)  Electronic means of communication are particularly well suited to support 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 two years. 

(26) 

Joint  awarding  of  public  contracts  by  contracting  authorities  from  different  Member 
States  currently  encounters  specific  legal  difficulties,  with  special  reference  to 
conflicts  of  national  laws.  Despite  the  fact  that  Directive  2004/18/EC  implicitly 
allowed  for  cross-border  joint  public  procurement,  in  practice  several  national  legal 
systems  have  explicitly  or  implicitly  rendered  cross-border  joint  procurement  legally 
uncertain or impossible. Contracting authorities from different Member States may be 
interested  in  cooperating  and  in  jointly  awarding  public  contracts  in  order  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.  Therefore 
new rules on cross-border joint procurement designating the applicable law should be 
established in order to facilitate cooperation between contracting authorities across the 
Single Market. In addition, contracting authorities from different Member States may 
set up joint legal bodies established under national or Union law. Specific rules should 
be established for such form of joint procurement. 

(27)  The  technical  specifications  drawn  up  by  public  purchasers  need  to  allow  public 
procurement to be opened up to competition. To that end, it must be possible to submit 
tenders that reflect the diversity of technical solutions so as to obtain a sufficient level 
of competition. Consequently, technical specifications should be drafted in such a way 

EN 

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to  avoid  artificially  narrowing  down  competition  through  requirements  that  favour  a 
specific economic operator by mirroring key characteristics of the supplies, services or 
works  habitually  offered  by  that  economic  operator.  Drawing  up  the  technical 
specifications  in  terms  of  functional  and  performance  requirements  generally  allows 
this objective to be achieved in the best way possible and favours innovation. Where 
reference  is  made  to  a  European  standard  or,  in  the  absence  thereof,  to  a  national 
standard, tenders based on equivalent arrangements must be considered by contracting 
authorities.  To  demonstrate  equivalence,  tenderers  can  be  required  to  provide  third-
party verified evidence; however, other appropriate means of proof such as a technical 
dossier  of  the  manufacturer  should  also  be  allowed  where  the  economic  operator 
concerned  has  no  access  to  such  certificates  or  test  reports,  or  no  possibility  of 
obtaining them within the relevant time limits. 

(28)  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 these 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. 

(29)  For all procurement intended for use by persons, whether general public or staff of the 
contracting  authority,  it  is  necessary  that  contracting  authorities  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. 

(30) 

In  order  to  foster  the  involvement  of  small  and  medium-sized  enterprises  (SMEs)  in 
the public procurement market, contracting authorities should be encouraged todivide 
contracts  into  lots,  and  be  obliged  to  state  the  reasons  for  not  doing  so.  Where 
contracts  are  divided  into  lots,  contracting  authorities  may,  for  instance  in  order  to 
preserve  competition  or  to  ensure  security  of  supply,  limit  the  number  of  lots  for 
which an economic operator may tender; they may also limit the number of lots that 
may be awarded to any one tenderer. 

(31)  Overly  demanding  requirements  concerning  economic  and  financial  capacity 
frequently  constitute  an  unjustified  obstacle  to  the  involvement  of  SMEs  in  public 
procurement.  Contracting  authorities  should  therefore  not  be  allowed  to  require 
economic operators to have a minimum turnover exceeding three times the estimated 
contract value. However, in duly justified circumstances, higher requirements may be 
applied. Such circumstances may 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. 

(32)  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 self-

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declarations,  can  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.  Further  simplification  can  be  achieved  through  standardised 
documents  such  as  the  European  Procurement  Passport,  which  should  be  recognized 
by  all  contracting  authorities  and  widely  promoted  among  economic  operators,  in 
particular SMEs, for whom they can substantially lessen the administrative burden. 

(33)  The  Commission  provides  and  manages  an  electronic  system  —  e-Certis,  which  is 
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 
small  and  medium-sized  enterprises  in  particular.  Maintenance  should  therefore  be 
rendered  obligatory  in  a  first  step;  recourse  to  e-Certis  will  be  made  mandatory  at  a 
later stage. 

(34)  Public contracts should not be awarded to economic operators that have participated in 
a criminal organisation or have been found guilty of corruption, fraud to the detriment 
of the Union’s financial interests or money laundering. Non-payment of taxes or social 
security contributions should also be sanctioned by mandatory exclusion at the level of 
the  Union.  Furthermore,  contracting  authorities  should  be  given  the  possibility  to 
exclude candidates or tenderers for violations of environmental or social obligations, 
including  rules  on  accessibility  for  disabled  persons  or  other  forms  of  grave 
professional  misconduct,  such  as  violations  of  competition  rules  or  of  intellectual 
property rights.  

(35)  Allowance should, however, be made for the possibility that economic operators may 
adopt  compliance  measures  aimed  at  remedying  the  consequences  of  any  criminal 
offences  or  misconduct  and  at  effectively  preventing  further  occurrences  of  the 
misbehaviour. These measures may consist in particular in personnel and organisation 
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 these grounds. Economic operators should have the possibility 
to request that contracting authorities examine the compliance measures taken with a 
view to possible admission to the procurement procedure. 

(36)  Contracting  authorities  may  require  that  environmental  management  measures  or 
schemes are to 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 
of 25 November 2009 on the voluntary participation by organisations in a Community 
eco-management  and  audit  scheme  (EMAS)19,  can  demonstrate  that  the  economic 

19 

OJ L 342, 22.12.2009, p. 1.  

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operator  has  the  technical  capability  to  perform  the  contract.  A  description  of  the 
measures  implemented  by  the  economic  operator  to  ensure  the  same  level  of 
environmental  protection  should  be  accepted  as  an  alternative  to  environmental 
management registration schemes as a form of evidence, where the economic operator 
concerned  has  no  access  to  such  environmental  management  registration  schemes  or 
no possibility of obtaining them within the relevant time limits. 

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

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

(39) 

It  is  of  utmost  importance  to  fully  exploit  the  potential  of  public  procurement  to 
achieve the objectives of the Europe 2020 Strategy for sustainable growth. In view of 
the  important  differences  between  individual  sectors  and  markets,  it  would  however 
not be appropriate to set general mandatory requirements for environmental, social and 
innovation procurement. The Union legislature has already set mandatory procurement 
requirements  for  obtaining  specific  goals  in  the  sectors  of  road  transport  vehicles 
(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  vehicles20)  and  office 
equipment (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 
equipment21).  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.  

20 
21 

OJ L 120, 15.5.2009, p. 5. 
OJ L 39, 13.2.2008, p. 1. 

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(40)  These sector-specific measures must be complemented by an adaptation of the public 
procurement Directives empowering contracting authorities to pursue the objectives of 
the Europe 2020 Strategy in their purchasing strategies. It should hence be made clear 
that contracting authorities can determine the most economically advantageous tender 
and the lowest cost using a life-cycle costing approach, provided that the methodology 
to be used is established in an objective and non-discriminatory manner and accessible 
to all interested parties. The notion of life-cycle costing includes all costs over the life 
cycle  of  works,  supplies  or  services,  both  their  internal  costs  (such  as  development, 
production,  use,  maintenance  and  end-of-life  disposal  costs)  and  their  external  costs, 
provided  they  can  be  monetised  and  monitored.  Common  methodologies  should  be 
developed at the level of the Union for the calculation of life-cycle costs for specific 
categories of supplies or services; whenever such a methodology is developed its use 
should be made compulsory. 

(41)  Furthermore,  in  technical  specifications  and  in  award  criteria,  contracting  authorities 
should  be  allowed  to  refer  to  a  specific  production  process,  a  specific  mode  of 
provision  of  services,  or  a  specific  process  for  any  other  stage  of  the  life  cycle  of  a 
product  or  service,  provided  that  they  are  linked  to  the  subject-matter  of  the  public 
contract.  In  order  to  better  integrate  social  considerations  in  public  procurement, 
procurers  may  also  be  allowed  to  include,  in  the  award  criterion  of  the  most 
economically advantageous tender, characteristics related to the working conditions of 
the persons directly participating in the process of production or provision in question. 
Those characteristics may only concern the protection of health of the staff involved in 
the production process or the favouring of social integration of disadvantaged persons 
or  members  of  vulnerable  groups  amongst  the  persons  assigned  to  performing  the 
contract, including accessibility for persons with disabilities. Any award criteria which 
include those characteristics should in any event remain limited to characteristics that 
have  immediate  consequences on staff members in their working environment. They 
should be applied in accordance with Directive 96/71/EC of the European Parliament 
and  of  the  Council  of  16  December  1996  concerning  the  posting  of  workers  in  the 
framework  of  the  provision  of  services22  and  in  a  way  that  does  not  discriminate 
directly  or  indirectly  against  economic  operators  from  other  Member  States  or  from 
third  countries  parties  to  the  Agreement  or  to  Free  Trade  Agreements  to  which  the 
Union is party. For service contracts and for contracts involving the design of works, 
contracting  authorities  should  also  be  allowed  to  use  as  an  award  criterion  the 
organisation,  qualification  and  experience  of  the  staff  assigned  to  performing  the 
contract in question, as this may affect the quality of contract performance and, as a 
result, the economic value of the tender. 

(42)  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.  In  order  to  prevent  possible  disadvantages  during  contract  performance, 
contracting authorities should be obliged to ask for an explanation of the price charged 
where a tender significantly undercuts the prices demanded by other tenderers. 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  charged  results 

22 

OJ L 18, 21.1.1997, p.1. 

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from non-compliance with mandatory Union legislation in the fields of social, labour 
or environmental law or international labour law provisions. 

(43)  Contract performance conditions are compatible with this Directive provided that they 
are  not  directly  or  indirectly  discriminatory,  are  linked  to  the  subject-matter  of  the 
contract and are indicated in the contract notice, the prior information notice used as a 
means  of  calling  for  competition  or  the  procurement  documents.  They  may,  in 
particular, be intended to favour on-site vocational training, the employment of people 
the  fight  against 
experiencing  particular  difficulty 
unemployment,  protection  of  the  environment  or  animal  welfare.  For  instance, 
mention may be made, amongst other things, of the requirements — applicable during 
performance  of  the  contract  —  to  recruit  long-term  job-seekers  or  to  implement 
training measures for the unemployed or young persons, to comply in substance with 
fundamental  International  Labour  Organisation  (ILO)  Conventions,  even  where  such 
Conventions  have  not  been  implemented  in  national  law,  and  to  recruit  more 
disadvantaged persons than are required under national legislation.  

in  achieving 

integration, 

(44)  The laws, regulations and collective agreements, at both national and Union level, that 
are in force in the areas of employment conditions and safety at work apply during the 
performance  of  a  public  contract,  provided  that  such  rules,  and  their  application, 
comply with Union law. In cross-border situations, where workers from one Member 
State provide services in another Member State for the purpose of performing a public 
contract,  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  services23  lays  down  the  minimum  conditions  that  must  be  observed  by  the  host 
country in respect of such posted workers. Where national law contains provisions to 
this  effect,  non-compliance  with  those  obligations  may  be  considered  to  be  grave 
misconduct  on  the  part  of  the  economic  operator  concerned,  liable  to  lead  to  the 
exclusion  of  that  economic  operator  from  the  procedure  for  the  award  of  a  public 
contract. 

(45) 

It is necessary to clarify the conditions under which modifications of 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. 

(46)  Contracting  authorities  can  be  faced  with  external  circumstances  that  they  could  not 
foresee when they awarded the contract. In this case, a certain degree of flexibility is 
needed  to  adapt  the  contract  to  these  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 

23 

OJ L 18, 21.1.1997, p. 1. 

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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. 

(47) 

In line with the principles of equal treatment and transparency, the successful tenderer 
should not be replaced by another economic operator without reopening the contract to 
competition.  However,  the  successful  tenderer  performing  the  contract  may  undergo 
certain  structural  changes  during  the  performance  of  the  contract,  such  as  purely 
internal  reorganisations,  mergers  and  acquisitions  or  insolvency.  Such  structural 
changes  should  not  automatically  require  new  procurement  procedures  for  all  public 
contracts performed by that undertaking. 

(48)  Contracting  authorities  should,  in  the  individual  contracts  themselves,  have  the 
possibility  to  provide  for  modifications  to  a  contract  by  way  of  review  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. 

(49)  The evaluation has shown that Member States do not consistently and systematically 
monitor  the  implementation  and  functioning  of  public  procurement  rules.  This  has  a 
negative  impact  on  the  correct  implementation  of  provisions  stemming  from  these 
directives,  which  is  a  major  source  of  cost  and  uncertainty.  Several  Member  States 
have appointed a national central body dealing with public procurement issues, but the 
tasks entrusted to such bodies vary considerably across Member States. Clearer, more 
consistent  and  authoritative  monitoring  and  control  mechanisms  would  increase 
knowledge  of  the  functioning  of  procurement  rules,  improve  legal  certainty  for 
businesses  and  contracting  authorities,  and  contribute  to  establishing  a  level  playing 
field. Such mechanisms could serve as tools for the detection and early resolution of 
problems,  especially  with  regard  to  projects  cofunded  by  the  Union,  and  for  the 
identification  of  structural  deficiencies.  There  is  in  particular  a  strong  need  to 
coordinate these mechanisms to ensure consistent application, control and monitoring 
of  public  procurement  policy,  as  well  as  systematic  assessment  of  the  outcomes  of 
procurement policy across the Union. 

(50)  Member  States  should  designate  a  single  national  authority  in  charge  of  monitoring, 
implementation  and  control  of  public  procurement.  Such  a  central  body  should  have 
first-hand  and  timely  information,  particularly  in  relation  to  different  problems 
affecting the implementation of public procurement law. It should be able to provide 
immediate feedback on the functioning of the policy and the potential weaknesses in 
national legislation and practice and contribute to the quick identification of solutions. 
In view of efficiently fighting corrupion and fraud, this central body and the general 
public  should  also  have  the  possibility  to  inspect  the  texts  of  concluded  contracts. 
High-value  contracts  should  hence  be  transmitted  to  the  oversight  body  with  a 
possibility of interested persons to have access to these documents, to the extent that 
legitimate public or private interests are not jeopardized. 

(51)  Not  all  contracting  authorities  may  have  the  internal  expertise  to  deal  with 
economically  or  technically  complex  contracts.  Against  this  background,  appropriate 
professional  support  would  be  an  effective  complement  to  monitoring  and  control 

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activities. On the one hand, this objective can be achieved by knowledge sharing tools 
(knowledge  centres)  offering  technical  assistance  to  contracting  authorities;  on  the 
other hand, business, not least SMEs, should benefit from administrative assistance, in 
particular when participating in procurement procedures on a cross-border basis. 

(52)  Monitoring, oversight and support structures or mechanisms exist already at national 
level and can of course be used to ensure monitoring, implementation and control of 
public procurement and to provide the required support to contracting authorities and 
economic operators. 

(53)  Effective cooperation is necessary to ensure consistent advice and practice within each 
Member  State  and  across 
for  monitoring, 
implementation,  control  and  technical  assistance  should  be  able  to  share  information 
and cooperate; in the same context, the national authority designated by each Member 
State  should  act  as  the  preferred  contact  point  with  the  Commission  services  for  the 
purpose of collecting data, exchanging information and monitoring the implementation 
of Union public procurement law. 

the  Union.  Bodies  designated 

(54) 

In order to adapt to rapid technical, economic and regulatory developments, the power 
to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the 
European  Union  should  be  delegated  to  the  Commission  in  respect  of  a  number  of 
non-essential  elements  of  this  Directive.  In  fact,  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 Annexes V and XI; 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  the  Annex  I;  references  to  the  CPV  nomenclature  may  undergo 
regulatory changes at EU 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 and administrative 
needs; 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 
and  administrative  needs;  and  the  content  of  the  European  Procurement  Passport  to 
reflect administrative needs and regulatory changes at both national and EU level; the 
list  of  legislative  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 these needs, the Commission should be 
empowered  to  keep  the  list  of  legislative  acts  including  LCC  methodologies  up-to 
date. 

(55) 

It is of particular importance that the Commission carries out appropriate consultations 
during its preparatory work, including at expert level. When preparing and drawing up 
delegated  acts,  the  Commission  should  ensure  simultaneous,  timely  and  appropriate 
transmission of relevant documents to the European Parliament and the Council. 

(56) 

In order to ensure uniform conditions for the implementation of this Directive, as for 
the drawing up of the standard forms for the publication of notices, the standard form 
for  the  European  Procurement  Passport  and  the  common  template  to  be  used  by  the 

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the 

oversight  bodies  for  drawing  up 
implementation  and  statistical  report, 
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 of 16 February 2011 laying down the rules and general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission’s exercise of implementing powers24. The advisory procedure should be 
used for the adoption of these implementing acts, which do not have any impact either 
from the financial point of views or on the nature and scope of obligations stemming 
from  this  Directive.  On  the  contrary,  these  acts  are  characterised  by  a  mere 
administrative  purpose  and  serve  to  facilitate  the  application  of  the  rules  set  by  this 
Directive. 

(57)  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 and can therefore be 
better achieved at Union level, the Union may adopt measures, in accordance with the 
principle  of  subsidiarity  as  set  out  in  Article 5  of  the  Treaty  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. 

(58)  Directive 2004/18/EC should therefore be repealed. 

(59) 

In  accordance  with  the  Joint  Political  Declaration  of  Member  States  and  the 
Commission on explanatory documents of [date], 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 I: SCOPE, DEFINITIONS AND GENERAL PRINCIPLES 

CHAPTER I: Scope and definitions 

SECTION 1: Subject-matter and definitions 

Article 1: Subject-matter 

Article 2: Definitions 

Article 3: Mixed procurement 

SECTION 2: Thresholds 

Article 4: Thresholds amounts  

Article 5: Methods for calculating the estimated value of procurement 

24 

OJ L 55, 28.2.2011, p. 13. 

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Article 6: Revision of the thresholds 

SECTION 3: Exclusions 

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

Article 8: Specific exclusions in the field of telecommunications 

Article 9: Contracts awarded and design contests organised pursuant to international rules 

Article 10: Specific exclusions for service contracts 

Article 11: Relations between public authorities  

SECTION 4: SPECIFIC SITUATIONS 

Article 12: Contracts subsidised by more than 50 % by contracting authorities 

Article 13: Research and development services 

Article 14: Defence and security 

CHAPTER II: General rules 

Article 15: Principles of procurement 

Article 16: Economic operators 

Article 17: Reserved contracts 

Article 18: Confidentiality 

Article 19: Rules applicable to communication 

Article 20: Nomenclatures 

Article 21: Conflicts of interest 

Article 22: Illicit conduct  

TITLE II: RULES ON PUBLIC CONTRACTS 

CHAPTER I: Procedures 

Article  23:  Conditions  relating  to  the  Government  Procurement  Agreement  and  other 
international agreements 

Article 24: Choice of procedures 

Article 25: Open procedure 

Article 26: Restricted procedure 

Article 27: Competitive procedure with negotiation 

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Article 28: Competitive dialogue 

Article 29: Innovation Partnership  

Article 30: Use of the negotiated procedure without prior publication 

CHAPTER II: Techniques and instruments for electronic and aggregated procurement 

Article 31: Framework agreements 

Article 32: Dynamic purchasing systems  

Article 33: Electronic auctions 

Article 34: Electronic catalogues 

Article 35: Centralised purchasing activities and central purchasing bodies  

Article 36: Ancillary purchasing activities  

Article 37: Occasional joint procurement 

Article 38: Joint procurement between contracting authorities from different Member States 

CHAPTER III: Conduct of the procedure 

SECTION 1 PREPARATION  

Article 39: Preliminary market consultations  

Article 40: Technical specifications 

Article 41: Labels 

Article 42: Test reports, certification and other means of proof 

Article 43: Variants 

Article 44: Division of contracts into lots 

Article 45: Setting time limits 

SECTION 2: PUBLICATION AND TRANSPARENCY 

Article 46: Prior information notices 

Article 47: Contract notices 

Article 48: Contract award notices 

Article 49: Form and manner of publication of notices 

Article 50: Publication at national level 

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Article 51: Electronic availability of procurement documents  

Article  52:  Invitations  to  submit  a  tender  or  to  participate  in  the  dialogue;  invitations  to 
confirm interest 

Article 53: Informing candidates and tenderers 

SECTION 3: CHOICE OF PARTICIPANTS AND AWARD OF CONTRACTS 

Article 54: General principles  

Subsection 1: Criteria for qualitative selection 

Article 55: Exclusion grounds 

Article 56: Selection criteria 

Article 57: Self-declarations and other means of proof 

Article 58: Online repository of certificates (e-Certis) 

Article 59: European Procurement Passport 

Article 60: Certificates 

Article 61: Quality assurance standards and environmental management standards 

Article 62: Reliance on the capacities of other entities 

Article  63:  Official  lists  of  approved  economic  operators  and  certification  by  bodies 
established under public or private law  

Subsection 2: Reduction of Numbers of Candidates, Tenders and Solutions 

Article  64:  Reduction  of  the  number  of  otherwise  qualified  candidates  to  be  invited  to 
participate  

Article 65: Reduction of the number of tenders and solutions 

Subsection 3: Award of the Contract 

Article 66: Contract award criteria 

Article 67: Life cycle and life-cycle costing 

Article 68: Impediments to award 

Article 69: Abnormally low tenders 

CHAPTER IV: Contract performance 

Article 70: Conditions for performance of contracts 

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Article 71: Subcontracting 

Article 72: Modification of contracts during their term 

Article 73: Termination of contracts 

TITLE III PARTICULAR PROCUREMENT REGIMES 

CHAPTER I: Social and other specific services 

Article 74: Award of contracts for social and other specific services  

Article 75: Publication of notices 

Article 76: Principles of awarding contracts 

Chapter II: Rules governing design contests 

Article 77: General provisions 

Article 78: Scope 

Article 79: Notices 

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

Article 81: Composition of the jury 

Article 82: Decisions of the jury 

TITLE IV: GOVERNANCE 

Article 83: Enforcement 

Article 84: Public Oversight 

Article 85: Individual reports on procedures for the award of contracts 

Article 86: National reporting 

Article 87: Assistance to contracting authorities and businesses 

Article 88: Administrative cooperation 

TITLE  V:  DELEGATED  POWERS,  IMPLEMENTING  POWERS  AND  FINAL 
PROVISIONS 

Article 89: Exercise of the delegation of powers 

Article 90: Urgency procedure 

Article 91: Committee procedure  

Article 92: Transposition 

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Article 93: Repeals 

Article 94: Review 

Article 95: Entry into force 

Article 96: Addressees 

ANNEXES 

ANNEX I 

CENTRAL GOVERNMENT AUTHORITIES 

ANNEX II 

LIST OF THE ACTIVITIES REFERRED TO IN ARTICLE 2(8)(a) 

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

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

ANNEX V 
ARTICLES 23 

LIST  OF 

INTERNATIONAL  AGREEMENTS  REFERRED  TO 

IN 

ANNEX VI 

INFORMATION TO BE INCLUDED IN NOTICES 

ANNEX VII  INFORMATION  TO  BE  INCLUDED  IN  THE  SPECIFICATIONS  IN 
ELECTRONIC AUCTIONS (ARTICLE 33(4)) 

ANNEX VIII  DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS 

ANNEX IX  FEATURES CONCERNING PUBLICATION 

ANNEX X  CONTENTS  OF  THE 
INVITATIONS  TO  SUBMIT  A  TENDER, 
PARTICIPATE  IN  THE  DIALOGUE  OR  TO  CONFIRM  INTEREST  PROVIDED  FOR 
UNDER ARTICLE 52 

ANNEX XI  LIST  OF 
CONVENTIONS REFERRED TO IN ARTICLES 54(2), 55(3)(a) AND 69(4) 

INTERNATIONAL  SOCIAL  AND  ENVIRONMENTAL 

ANNEX XII  REGISTERS 

ANNEX XIII  CONTENT OF EUROPEAN PROCUREMENT PASSPORT 

ANNEX XIV  MEANS OF PROOF OF SELECTION CRITERIA 

ANNEX XV  LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 67(4) 

ANNEX XVI  SERVICES REFERRED TO IN ARTICLE 74 

ANNEX XVII CORRELATION TABLE 

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TITLE I 
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES 

CHAPTER I 
Scope and definitions 

SECTION 1 
SUBJECT-MATTER AND DEFINITIONS 

Article 1 
Subject-matter and scope 

1. 

2. 

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. 

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

An  entirety  of  works,  supplies  and/or  services,  even  if  purchased  through  different 
contracts,  constitutes  a  single  procurement  within  the  meaning  of  this  Directive,  if 
the contracts are part of one single project. 

Article 2 
Definitions 

For the purposes of this Directive, the following definitions shall apply: 

(1) 

(2) 

(3) 

‘contracting authorities’ means the State, regional or local authorities, bodies governed 
by public law, 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,  insofar  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 ; 

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(4) 

(5) 

(6) 

‘regional authorities’ include all authorities of the administrative units falling under 
NUTS  1  and  2,  as  referred  to  by  Regulation  (EC)  No.  1059/2003  of  the  European 
Parliament and of the Council25; 

‘local  authorities’  include  all  authorities  of  the  administrative  units  falling  under 
NUTS  3  and  smaller  administrative  units,  as  referred  to  by  Regulation  (EC)  No. 
1059/2003; 

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

(a) 

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

(b) 

they have legal personality; 

(c) 

they are financed, for the most part, by the State, regional or local authorities, 
or other bodies governed by public law; or subject to management supervision 
by  those  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. 

(7) 

‘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 within the meaning of this Directive; 

(8) 

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

(a) 

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

(b) 

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

(c) 

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; 

(9) 

(10) 

‘ 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 

25 

OJ L 154, 21.6.2003, p. 1. 

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(11) 

(12) 

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 (8); 

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

(13) 

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

(14) 

(15) 

‘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 or in a negotiated procedure without prior publication, in a competitive 
dialogue or in an innovation partnership; 

'procurement  documents'  means  all  documents  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 
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. 

(16) 

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

(a) 

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

(b) 

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

(17) 

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

(a) 

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

(b) 

advice on the conduct or design of public procurement procedures; 

(c)  preparation and management of procurement procedures on behalf and for the 

account of the contracting authority concerned; 

(18) 

(19) 

‘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; 

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(20) 

(21) 

(22) 

(23) 

1. 

2. 

‘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  production, 
transport, use and maintenance, throughout the existence of a product or a works or 
the provision of a service, from raw material acquisition or generation of resources to 
disposal, clearance and finalisation. 

‘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. 

Article 3 
Mixed procurement 

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 of services within the meaning of Chapter I 
of  Title  III  and  other  services  or  of  services  and  supplies,  the  main  object  shall  be 
determined by a comparison of the values of the respective services or supplies. 

In  the  case  of  contracts  which  have  as  their  object  procurement  covered  by  this 
Directive as well as procurement or other elements not covered by it or by Directives 
[replacing  2004/17/EC]  or  2009/81/EC26,  the  part  of  the  contract  which  constitutes 
procurement  covered  by  this  Directive  shall  be  awarded  in  accordance  with  the 
provisions of this Directive. 

In  the  case  of  mixed  contracts  containing  elements  of  public  contracts  and  of 
concessions, the part of the contract which constitutes a public contract covered by 
this Directive shall be awarded in accordance with the provisions of this Directive.  

Where the different parts of the contract in question are objectively not separable, the 
application of this Directive shall be determined on the basis of the main subject of 
that contract. 

26 

OJ L 217, 20.8.2009, p. 76. 

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SECTION 2 
THRESHOLDS 

Article 4 
Thresholds amounts 

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

(a) 

(b) 

(c) 

(d) 

1. 

2. 

3. 

4. 

EUR 5 000 000 for public works contracts; 

EUR 130 000 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 200 000  for  public  supply  and  service  contracts  awarded  by  sub-central 
contracting authorities and design contests organised by such authorities. 

EUR 500 000  for  public  contracts  for  social  and  other  specific  services  listed  in 
Annex XVI. 

Article 5 
Methods for calculating the estimated value of procurement 

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 contract. 

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 
contract. 

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 single procurement shall therefore not be subdivided with the effect of preventing 
it  from  falling  within  the  scope  of  this  Directive,  unless  justified  by  objective 
reasons. 

This estimate shall be valid at the moment at which the call for competition is sent, 
or, in cases where such notice is not foreseen, at the moment at which the contracting 
authority  commences  the  procurement  procedure,  in  particular  by  defining  the 
essential characteristics of the intended procurement. 

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. 

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5. 

6. 

7. 

8. 

9. 

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 the 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. 

With regard to public works contracts, 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 authorities 
provided that they are necessary for executing the works. 

Where  a  proposed  work  or  purchase  of  services  may  result  in  contracts  being 
awarded at the same time 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. 

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

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. 

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 purchase of services has been divided. 

10. 

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. 

11. 

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 

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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. 

12. 

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, interest and other 

forms of remuneration; 

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

13. 

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) 

(b) 

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; 

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

Article 6 
Revision of the thresholds 

1. 

Every two years from 30 June 2014, 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 Government Procurement Agreement and shall, where necessary, revise them.  

In  accordance  with  the  calculation  method  set  out  in  the  Government  Procurement 
Agreement, 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  the  last  day  of  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  Agreement,  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) 

(b) 

the  threshold  established  in  point  (a)  of  the  first  paragraph  of  Article  12  by 
aligning it with the revised threshold applying to public works contracts; 

the  threshold  established  in  point  (b)  of  the  first  paragraph  of  Article  12  by 
aligning  it  with  the  revised  threshold  applying  to  public  service  contracts 
awarded by sub-central contracting authorities. 

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3. 

Every two years from 1 January 2014, the Commission shall determine the values, in 
the national currencies of the Member States which are not participating in monetary 
union,  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  which  are  not  participating  in  monetary  union,  of 
the threshold referred to in point (d) of Article 4. 

In  accordance  with  the  calculation  method  set  out  in  the  Government  Procurement 
Agreement,  the  determination  of  such  value  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  the  last  day  of  August  preceding  the 
revision with effect from 1 January. 

The  revised  thresholds  referred  to  in  paragraph 1  and  their  corresponding  values  in 
the  national  currencies  referred  to  in  paragraph 3  shall  be  published  by  the 
Commission  in  the  Official  Journal  of  the  European  Union  at  the  beginning  of  the 
month of November following their revision. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 89 to adapt the methodology set out in the second subparagraph of paragraph 
1  to  any  change  in  the  methodology  provided  in  the  Government  Procurement 
Agreement for the revision of the thresholds referred to in points (a), (b) and (c) of 
Article 4 and for the determination of the thresholds in the national currencies of the 
Member States not participating in monetary union, as referred to in paragraph 3 of 
this Article. 

It shall also be empowered to adopt delegated acts in accordance with Article 89 to 
revise  the  thresholds  referred  to  in  points  (a),  (b)  and  (c)  of  Article  4  pursuant  to 
paragraph  1  of  this  Article.  It  shall  also  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 89 to revise the thresholds referred to in points (a) and (b) of 
the first paragraph of Article 12 pursuant to paragraph 2 of this Article. 

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 12 and time constraints prevent the use of the procedure set in article 89 and 
therefore  imperative  grounds  of  urgency  so  require,  the  procedure  provided  for  in 
Article 90 shall apply to delegated acts adopted pursuant to the second subparagraph 
of paragraph 5 of this Article. 

SECTION 3 
EXCLUSIONS 

4. 

5. 

6. 

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

This Directive shall not apply to public contracts and design contests which, under [Directive 
replacing 2004/17/EC], are awarded or organised by contracting authorities exercising one or 

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more of the activities referred to in Articles [5 to 11] of that Directive and are awarded for the 
pursuit  of  those  activities,  or  to  public  contracts  excluded  from  the  scope  of  that  Directive 
under [Articles 15, 20 and 27] thereof. 

Article 8 
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: 

(a) 

(b) 

(c) 

(d) 

‘public communications network’ means an electronic communications network used 
wholly or mainly for the provision of electronic communications services available 
to the public which support the transfer of information between network termination 
points; 

'electronic  communications  network'  means  transmission  systems  and,  where 
applicable,  switching  or  routing  equipment  and  other  resources,  including  network 
elements  which  are  not  active,  which  permit  the  conveyance  of  signals  by  wire, 
radio,  optical  or  other  electromagnetic  means,  including  satellite  networks,  fixed 
(circuitand  packet-switched,  including  Internet)  and  mobile  terrestrial  networks, 
electricity  cable  systems,  to  the  extent  that  they  are  used  for  the  purpose  of 
transmitting signals, networks used for radio and television broadcasting, and cable 
television networks, irrespective of the type of information conveyed; 

a ‘network termination point’ (NTP) means the physical point at which a subscriber 
is provided with access to a public communications network; in the case of networks 
involving switching or routing, the NTP is identified by means of a specific network 
address, which may be linked to a subscriber number or name; 

 ‘electronic  communications  services’  means  a  service  normally  provided  for 
remuneration  which  consists  wholly  or  mainly  in  the  conveyance  of  signals  on 
electronic  communications  networks,  including  telecommunications  services  and 
transmission  services  in  networks  used  for  broadcasting,  but  exclude  services 
providing,  or  exercising  editorial  control  over,  content  transmitted  using  electronic 
communications  networks  and  services;  it  does  not  include  information  society 
services, as defined in Article 1 of Directive 98/34/EC, which do not consist wholly 
or mainly in the conveyance of signals on electronic communications networks. 

Article 9 
Contracts awarded and design contests organised pursuant to international rules 

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 of this Directive established by any of the following: 

(a) 

an  international  agreement  concluded  in  conformity  with  the  Treaty  between  a 
Member  State  and  one  or  more  third  countries  and  covering  works,  supplies  or 

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(b) 

(c) 

(d) 

services  intended  for  the  joint  implementation  or  exploitation  of  a  project  by  the 
signatory States; 

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

a particular procedure of an international organisation; 

procurement  rules  provided  by  an  international  organisation  or  international 
financing  institution  for  public  contracts  and  design  contests  fully  financed  by  this 
organisation  or  institution;  in  the  case  of  public  contracts  and  design  contests  co-
financed  to  a  considerable  extent  by  an  international  organisation  or  international 
financing  institution  the  parties  shall  agree  on  applicable  procurement  procedures, 
which shall be in conformity with the Treaty. 

All agreements referred to in point (a) of the first subparagraph shall be communicated to the 
Commission, which may consult the Advisory Committee for Public Contracts referred to in 
Article 91. 

Article 10 
Specific exclusions for service contracts 

This Directive shall not apply to public service contracts for: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the acquisition or rental, by whatever financial means, of land, existing buildings or 
other  immovable  property  or  concerning  rights  thereon;  however,  financial  service 
contracts concluded at the same time as, before or after the contract of acquisition or 
rental, in whatever form, shall be subject to this Directive; 

the  acquisition,  development,  production  or  co-production  of  programme  material 
intended  for  audiovisual  media  services,  that  are  awarded  by  broadcasters,  or 
contracts  for  broadcasting  time  that  are  awarded  to  audiovisual  media  service 
providers; 

arbitration and conciliation services; 

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  Council27,  central  bank  services  and  operations 
conducted with the European Financial Stability Facility;  

employment contracts; 

public passenger transport services by rail or metro. 

The audiovisual media services referred to in point (b) of the first paragraph shall include any 
transmission and distribution using any form of electronic network. 

27 

OJ L 145, 30.4.2004, p. 1.  

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Article 11 
Relations between public authorities 

1. 

A  contract  awarded  by  a  contracting  authority  to  another  legal  person  shall  fall 
outside  the  scope  of  this  Directive  where  the  following  cumulative  conditions  are 
fulfilled: 

2. 

3. 

(a) 

(b) 

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

at  least  90 %  of  the  activities  of  that  legal  person  are  carried  out  for  the 
controlling  contracting  authority  or  for  other  legal  persons  controlled  by  that 
contracting authority; 

(c) 

there is no private participation in 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. 

Paragraph  1  also  applies  where  a  controlled  entity  which  is  a  contracting  authority 
awards a contract to its controlling entity, or to another legal person controlled by the 
same contracting authority, provided that there is no private participation in the legal 
person being awarded the public contract. 

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

(a) 

(b) 

the  contracting  authorities  exercise  jointly  over  the  legal  person  a  control 
which is similar to that which they exercise over their own departments; 

at  least  90 %  of  the  activities  of  that  legal  person  are  carried  out  for  the 
controlling contracting authorities or other legal persons controlled by the same 
contracting authorities; 

(c) 

there is no private participation in the controlled legal person. 

For  the  purposes  of  point  (a),  contracting  authorities  shall  be  deemed  to  jointly 
control a legal person where the following cumulative conditions are fulfilled: 

(a) 

(b) 

(c) 

the  decision-making  bodies  of  the  controlled  legal  person  are  composed  of 
representatives of all 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; 

the  controlled  legal  person  does  not  pursue  any  interests  which  are  distinct 
from that of the public authorities affiliated to it; 

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44 

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(d) 

the  controlled  legal  person  does  not  draw  any  gains  other  than  the 
reimbursement  of  actual  costs  from  the  public  contracts  with  the  contracting 
authorities. 

4. 

An  agreement  concluded  between  two  or  more  contracting  authorities  shall  not  be 
deemed to be a public contract within the meaning of Article 2(6) of this Directive 
where the following cumulative conditions are fulfilled: 

(a) 

the  agreement  establishes  a  genuine  cooperation  between  the  participating 
contracting  authorities  aimed  at  carrying  out  jointly  their  public  service  tasks 
and involving mutual rights and obligations of the parties; 

(b) 

the agreement is governed only by considerations relating to the public interest; 

(c) 

(d) 

the  participating  contracting  authorities  do  not  perform  on  the  open  market 
more than 10 % in terms of turnover of the activities which are relevant in the 
context of the agreement; 

the  agreement  does  not  involve  financial  transfers  between  the  participating 
contracting authorities, other than those corresponding to the reimbursement of 
actual costs of the works, services or supplies; 

(e) 

there is no private participation in any of the contracting authorities involved. 

5. 

The absence of private participation referred to in paragraphs 1 to 4 shall be verified 
at the time of the award of the contract or of the conclusion of the agreement. 

The  exclusions  provided  for  in  paragraphs  1  to  4  shall  cease  to  apply  from  the 
moment any private participation takes place, with the effect that ongoing contracts 
need to be opened to competition through regular procurement procedures. 

SECTION 4 
SPECIFIC SITUATIONS 

Article 12 
Contracts subsidised by contracting authorities 

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

(a) 

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 5 000 000, where those contracts involve one of the following activities: 

(i) 

civil engineering activities within the meaning of Annex II, 

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

EN 

45 

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(b) 

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 200 000  and  which  are  connected  to  a  works  contract  within  the  meaning  of 
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 award themselves 
the subsidised contracts or where they award that contract for and on behalf of other entities. 

Article 13 
Research and development services 

1. 

This Directive shall apply to public service contracts for research and development 
services with CPV reference numbers 73000000-2 to 73436000-7, except 73200000-
4,  73210000-7  or  73220000-0,  provided  that  the  following  conditions  are  both 
fulfilled: 

(a) 

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

(b) 

the service provided is wholly remunerated by the contracting authority. 

This  Directive  shall  not  apply  to  public  service  contracts  for  research  and 
development  services  with  CPV  reference  numbers  73000000-2  to  73436000-7, 
except 73200000-4, 73210000-7 or 73220000-0 where one of the conditions referred 
to in points (a) or (b) of the first subparagraph is not met. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 89 to amend the CPV reference numbers referred to in paragraph 1 to reflect 
changes  in  the  CPV  nomenclature  provided  that  such  amendments  do  not  imply  a 
modification of the scope of this Directive. 

Article 14 
Defence and security 

Subject to Article 346 of the Treaty on the Functioning of the European Union, 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. 

This Directive shall not apply to public contracts and design contests other than those 
referred  to  in  paragraph  1  to  the  extent  that  the  protection  of  the  essential  security 
interests  of  a  Member  State  cannot  be  guaranteed  in  a  procurement  procedure  as 
provided for in this Directive. 

2. 

1. 

2. 

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46 

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CHAPTER II 
General rules 

Article 15 
Principles of procurement  

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

The design of the procurement shall not be made with the objective of excluding it from the 
scope of this Directive or of artificially narrowing competition. 

Article 16 
Economic operators 

1. 

2. 

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. 

Groups  of  economic  operators  may  submit  tenders  or  put  themselves  forward  as 
candidates.  Contracting  authorities  shall  not  establish  specific  conditions  for 
participation  of  such  groups  in  procurement  procedures  which  are  not  imposed  on 
individual  candidates.  In  order  to  submit  a  tender  or  a  request  to  participate,  those 
groups shall not be required by the contracting authorities to assume a specific legal 
form. 

Contracting authorities may establish specific conditions for the performance of the 
contract by a group, provided that those conditions are justified by objective reasons 
and proportionate. Those conditions may require a group to assume a specific legal 
form once it has been awarded the contract, to the extent that this change is necessary 
for the satisfactory performance of the contract. 

Article 17 
Reserved contracts 

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  and  disadvantaged  workers  or  provide  for  such  contracts  to  be 
performed in the context of sheltered employment programmes, provided that more than 30% 

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47 

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of  the  employees  of  those  workshops,  economic  operators  or  programmes  are  disabled  or 
disadvantaged workers.  

The call for competition shall make reference to this provision. 

1. 

2. 

1. 

Article 18 
Confidentiality 

Unless otherwise provided in this Directive or in the national law 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  48  and  53  of  this  Directive,  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. 

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 19 
Rules applicable to communication 

Except where use of electronic means is mandatory pursuant to Articles 32, 33, 34, 
35(4), 49(2) or 51 of this Directive, contracting authorities may choose between the 
following  means  of  communication  for  all  communication  and  information 
exchange: 

(a) 

electronic means in accordance with paragraphs 3, 4 and 5; 

(b)  post or fax;  

(c) 

telephone in the cases and circumstances referred to in paragraph 6; 

(d) 

a combination of those means. 

Member States may make mandatory the use of electronic means of communication 
in other situations than those provided for in Articles 32, 33, 34, 35(2), 49(2) or 51 of 
this Directive. 

2. 

The  means  of  communication  chosen  must  be  generally  available  and  not  restrict 
economic operators’ access to the procurement procedure. 

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. 

3. 

The  tools  to  be  used  for  communicating  by  electronic  means,  as  well  as  their 
technical  characteristics,  shall  be  non-discriminatory,  generally  available  and 

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48 

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interoperable  with  the  information  and  communication  technology  products  in 
general  use  and  shall  not  restrict  economic  operators’  access  to  the  procurement 
procedure. The technical details and characteristics of the devices for the electronic 
receipts to be deemed in compliance with the first subparagraph of this paragraph are 
set out in Annex IV. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 89 to amend the technical details and characteristics set out in Annex IV due 
to technical developments or administrative reasons. 

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  89  to  establish  the 
mandatory  use  of  specific  technical  standards,  at  least  with  regard  to  the  use  of  e-
submission, electronic catalogues and means for electronic authentication.  

4. 

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

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

(a)  They offer unrestricted and full direct access by electronic means to these tools 
from the date of publication of the notice in accordance with Annex IX 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 
these tools are accessible; 

(b) 

ensure  that  tenderers  established  in  other  Member  States  than  the  contracting 
authority's  may  access  the  procurement  procedure  through  the  use  of 
provisional tokens made available online at no extra cost; 

(c) 

support an alternative channel for electronic submission of tenders. 

5. 

The following rules shall apply to 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)  devices, methods for authentication and electronic signatures shall comply with 

the requirements of Annex IV; 

(c) 

contracting  authorities  shall  specify  the  level  of  security  required  for  the 
electronic  means  of  communication  in  the  various  stages  of  the  specific 
procurement procedure; the level shall be proportionate to the risks attached;  

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49 

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(d)  where  advanced  Electronic  Signatures as defined  by Directive 1999/93/EC of 
the  European  Parliament  and  of  the  Council28  are  required,  contracting 
authorities shall, as long as the signature is valid, accept signatures supported 
by a qualified electronic certificate referred to in the Trusted List provided for 
in  the  Commission  Decision 2009/767/EC29, created with or without a secure 
signature creation device, subject to compliance with the following conditions: 

(i) 

they must establish the required advanced  signature format  on the basis 
of formats established in Commission Decision 2011/130/EU30 and put in 
place necessary measures to be able to process these formats technically; 

(ii)  where a tender is signed with the support of a qualified certificate that is 
included in the Trusted list, they must not apply additional requirements 
that may hinder the use of those signatures by tenderers. 

6. 

The following rules shall apply to the transmission of requests to participate: 

(a) 

(b) 

requests to participate in procedures for the award of public contracts may be 
made in writing or by telephone; in the latter case, a written confirmation must 
be sent before expiry of the time limit set for their receipt; 

contracting authorities may require that requests for participation made by fax 
must be confirmed by post or by electronic means, where this is necessary for 
the purposes of legal proof.  

For the purposes of point (b), the contracting authority shall indicate in the contract 
notice  or  in  the  invitation  to  confirm  interest  that  it  requires  requests  to  participate 
made by fax to be confirmed by post or by electronic means and the time limit for 
sending such confirmation. 

7. 

Member  States  shall  ensure  that,  at  the  latest  2  years  after  the  date  provided  for  in 
Article  92(1),  all  procurement  procedures  under  this  Directive  are  performed  using 
electronic  means  of  communication,  in  particular  e-submission,  in  accordance  with 
the requirements of this Article. 

This  obligation  shall  not  apply  where  the  use  of  electronic  means  would  require 
specialised  tools  or  file  formats  that  are  not  generally  available  in  all  the  Member 
States  within  the  meaning  of  paragraph  3.  It is the responsibility  of the contracting 
authorities  using  other  means  of  communication  for  submission  of  tenders  to 
demonstrate in the procurement documents that the use of electronic means, due to 
the particular nature of the information to be exchanged with the economic operators, 
would require specialised tools or file formats that are not generally available in all 
the Member States. 

Contracting  authorities  shall  be  deemed  to  have  legitimate  reasons  not  to  request 
electronic means of communication in the submission process in the following cases: 

28 
29 
30 

OJ L 13, 19.1.2000, p. 12.  
OJ L 274, 20.10.2009, p. 36. 
OJ L 53, 26.2.2011, p. 66. 

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50 

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8. 

1. 

2. 

1. 

(a) 

(b) 

(c) 

the description of the technical specifications, due to the specialised nature of 
the  procurement,  cannot  be  rendered  using  file  formats  that  are  generally 
supported by commonly used applications; 

the applications supporting file formats that are suitable for the description of 
the  technical  specifications  are  under  a  proprietary  licensing  schema  and 
cannot  be  made  available  for  downloading  or  remote  use  by  the  contracting 
authority; 

the applications supporting file formats that are suitable for the description of 
the technical specifications use file formats that cannot be handled by any other 
open or downloadable applications. 

Contracting  authorities  may  use  the  data  processed  electronically  for  public 
procurement  procedures  in  order  to  prevent,  detect  and  correct  errors  occuring  at 
each stage by developing appropriate tools.  

Article 20 
Nomenclatures 

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 2195/200231. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  89  to  adapt  the  reference  numbers  used  in  Annex  II  and  XVI,  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 21 
Conflicts of interests 

Member  States  shall  provide  for  rules  to  effectively  prevent,  identify  and 
immediately  remedy  conflicts  of  interests  arising  in  the  conduct  of  procurement 
procedures that are subject to this Directive, including the design and preparation of 
the  procedure,  the  drawing-up  of  the  procurement  documents,  the  selection  of 
candidates and tenderers and the award of the contract, so as to avoid any distortion 
of competition and ensure equal treatment of all tenderers. 

The  notion  of  conflict  of  interests  shall  at  least  cover  any  situation  where  the 
categories of persons referred to in paragraph 2 have, directly or indirectly, a private 
interest  in  the  outcome  of  the  procurement  procedure,  which  may  be  perceived  to 
impair the impartial and objective performance of their duties.  

For the purposes of this Article, ‘private interests’ means any family, emotional life, 
economic,  political  or  other  shared  interests  with  the  candidates  or  the  tenderers, 
including conflicting professional interests. 

31 

OJ L 340, 16.12.2002, p. 1. 

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51 

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2. 

The rules referred to in paragraph 1 shall apply to conflicts of interests involving at 
least the following categories of persons: 

(a) 

(b) 

staff  members  of  the  contracting  authority,  procurement  service  providers  or 
staff members of other service providers who are involved in the conduct of the 
procurement procedure; 

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

3. 

Member States shall ensure in particular: 

(a) 

(b) 

that  staff  members  referred  to  in  paragraph  2(a)  are  required  to  disclose  any 
conflict of interests in relation to any of the candidates or tenderers, as soon as 
they  become  aware  of  such  conflicts,  in  order  to  enable  the  contracting 
authority to take remedial action;  

that  candidates  and  tenderers  are  required  to  submit  at  the  beginning  of  the 
procurement  procedure  a  declaration  on  the  existence  of  any  privileged  links 
with the persons referred to in paragraph 2(b), which are likely to place those 
persons  in  a  situation  of  conflict  of  interests;  the  contracting  authority  shall 
indicate in the individual report referred to in Article 85 whether any candidate 
or tenderer has submitted a declaration. 

In the event of a conflict of interests, the contracting authority shall take appropriate 
measures. Those measures may include the recusal of the staff member in question 
from involvement in the affected procurement procedure or the re-assignment of the 
staff  member’s  duties  and  responsibilities.  Where  a  conflict  of  interests  cannot  be 
effectively  remedied  by  other  means,  the  candidate  or  tenderer  concerned  shall  be 
excluded from the procedure. 

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

4. 

All  measures  taken  pursuant  to  this  Article  shall  be  documented  in  the  individual 
report referred to in Article 85. 

Article 22 
Illicit conduct 

Candidates  shall  be  required  at  the  beginning  of  the  procedure  to  provide  a  declaration  on 
honour that they have not undertaken and will not undertake to: 

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(a) 

(b) 

(c) 

unduly influence the decision-making process of the contracting authority or obtain 
confidential  information  that  may  confer  upon  them  undue  advantages  in  the 
procurement procedure; 

enter  into  agreements  with  other  candidates  and  tenderers  aimed  at  distorting 
competition; 

deliberately  provide  misleading  information  that  may  have  a  material  influence  on 
decisions concerning exclusion, selection or award. 

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TITLE II 
RULES ON PUBLIC CONTRACTS 

CHAPTER I 
Procedures 

1. 

2. 

1. 

Article 23 
Conditions relating to the Government Procurement Agreement and other international 
agreements 

As far as covered by Annexes I, II, IV and V and the General Notes to the European 
Union’s  Appendix  1  to  the  Government  Procurement  Agreement  and  by  the  other 
international agreements by which the Union is bound, as listed in Annex V to this 
Directive,  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.  By  applying  this  Directive  to  economic  operators  of  the 
signatories  to  those  agreements,  contracting  authorities  shall  comply  with  those 
agreements. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 89 to amend  the list in Annex V,  where  necessary  due  to  the  conclusion of 
new international agreements or modification of existing international agreements. 

Article 24 
Choice of procedures 

In  awarding  their  public  contracts,  contracting  authorities  shall  apply  the  national 
procedures  adjusted  to  be  in  conformity  with  this  Directive,  provided  that,  without 
prejudice to Article 30, a call for competition has been published in accordance with 
this Directive. 

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

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

They may also provide that contracting authorities may use a competitive procedure 
with negotiation or a competitive dialogue in any of the following cases: 

(a)  with regard to works, where the works contract has as its object both the design 
and  the  execution  of  works  within  the  meaning  of  Article  2(8)  or  where 
negotiations  are  needed  to  establish  the  legal  or  financial  makeup  of  the 
project; 

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(b) 

in respect of public works contracts, for works which are performed solely for 
purposes  of  research  or  innovation,  testing  or  development  and  not  with  the 
aim of ensuring profitability or recovering research and development costs; 

(c)  with regard to services or supplies, where the technical specifications cannot be 
established  with  sufficient  precision  with  reference  to  any  of  the  standards, 
European  technical  approvals,  Common  technical  specifications  or  technical 
references within the meaning of points 2 to 5 of Annex VIII; 

(d) 

in the event of irregular or unacceptable tenders within the meaning of Article 
30(2)(a) in response to an open or a restricted procedure; 

(e)  due  to  specific  circumstances  related  to  the  nature  or  the  complexity  of  the 
works, supplies or services or the risks attaching thereto, the contract cannot be 
awarded without prior negotiations. 

Member  States  may  decide  not  to  transpose  into  their  national  law  the  competitive 
procedure with negotiation, the competitive dialogue and the innovation partnership 
procedures. 

2. 

The call for competition may be made by one of the following means: 

(a) 

a contract notice pursuant to Article 47, 

(b)  where  the  contract  is  awarded  by  restricted  or  competitive  procedure  with 
negotiation  by  a  sub-central  contracting  authority,  by  means  of  a  prior 
information notice pursuant to Article 46(2). 

In the case referred to in point (b), 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 52. 

3. 

Member  States  may  provide  that  contracting  authorities  may  apply  a  negotiated 
procedure  without  prior  publication  only  in  the  specific  cases  and  circumstances 
referred to expressly in Article 30. 

Article 25 
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 40 days from the date on 
which the contract notice was sent. 

The  tender  shall  be  accompanied  by  the  requested  information  for  qualitative 
selection. 

2. 

Where contracting authorities have published a prior information notice which is not 
used as a means of calling for competition, the minimum time limit for the receipt of 

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3. 

4. 

1. 

2. 

3. 

tenders, as laid down in the second subparagraph of paragraph 1 of this Article, may 
be shortened to 20 days, provided that both of the following conditions are fulfilled: 

(a) 

the  prior  information  notice  has  included  all  the  information  required  for  the 
contract notice in section I of part B of Annex VI, insofar as that information is 
available at the time the prior information notice is published; 

(b) 

it was sent for publication between 45 days and 12 months before the date on 
which the contract notice was sent. 

Where  a  state  of  urgency  duly  substantiated  by  the  contracting  authorities  renders 
impracticable  the  time  limit  laid  down  in  the  second  subparagraph  of  paragraph  1, 
they may fix a time limit which shall be not less than 20 days from the date on which 
the contract notice was sent. 

The  contracting  authority  may  reduce  by  five  days  the  time  limit  for  receipt  of 
tenders  set  out  in  the  second  subparagraph  of  paragraph  1  where  it  accepts  that 
tenders may be submitted by electronic means in accordance with Article 19(3), (4) 
and (5). 

Article 26 
Restricted procedure 

In restricted procedures any economic operator may submit a request to participate in 
response  to  a  call  for  competition  by  providing  the  requested  information  for 
qualitative selection. 

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. 

Only  those  economic  operators  invited  by  the  contracting  authority  following  their 
assessment of the requested information 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 64. 

The minimum time limit for the receipt of tenders shall be 35 days from the date on 
which the invitation to tender is sent. 

Where contracting authorities have published a prior information notice which is not 
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 15 days, provided that all of the following conditions are fulfilled: 

(a) 

the  prior  information  notice  has  included  all  the  information  required  for  the 
contract notice in section I of part B of Annex VI, insofar as that information is 
available at the time the prior information notice is published;  

(b) 

it was sent for publication between 45 days and 12 months before the date on 
which the contract notice was sent. 

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4. 

5. 

6. 

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 candidates have the same time to prepare and submit their tenders. 
Where  it  is  not  possible  to  reach  agreement  on  the  time  limit  for  the  receipt  of 
tenders, the contracting authority shall fix a time limit which shall be at least 10 days 
from the date of the invitation to tender. 

The time limit for receipt of tenders provided for in paragraph 2 may be reduced by 
five days where the contracting authority accepts that tenders may be submitted by 
electronic means in conformity with Article 19(3), (4) and (5). 

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) 

(b) 

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; 

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

Article 27 
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 by providing the requested 
information for qualitative selection. 

In  the  contract  notice  or  in  the  invitation to  confirm  interest  contracting  authorities 
shall describe the procurement and the minimum requirements to be met and specify 
the award criteria so as to enable economic operators to identify the nature and scope 
of the procurement and decide whether to request to participate in the negotiations. 
In  the  technical  specifications,  contracting  authorities  shall  specify  which  parts 
thereof define the the minimum requirements. 

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;  the 
minimum  time  limit  for  the  receipt  of  tenders  shall  be  30  days  from  the  date  on 
which the invitation is sent. Article 26 (3) to (6) shall apply. 

2. 

3. 

Only  those  economic  operators  invited  by  the  contracting  authority  following  their 
assessment of the requested information may submit a written 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 64. 

Contracting authorities shall negotiate with tenderers the tenders submitted by them 
to improve the content of the offers in order to better correspond to the award criteria 
and minimum requirements referred to in the second subparagraph of paragraph 1.  

The following shall not be changed in the course of the negotiations: 

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4. 

5. 

6. 

1. 

(a) 

the description of the procurement; 

(b) 

the  part  of 
requirements; 

the 

technical  specifications  which  define 

the  minimum 

(c) 

the award criteria. 

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 take particular 
care to ensure that all tenderers, whose tenders have not been eliminated pursuant to 
paragraph  5,  are  informed  in  writing  of  any  changes  to  the  technical  specifications 
other  than  those  setting  out  the  minimum  requirements,  in  adequate  time  to  allow 
such tenderers to modify and re-submit amended tenders following these changes, as 
appropriate. 

Contracting authorities shall not reveal to the other participants solutions proposed or 
other  confidential  information  communicated  by  a  candidate  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 solutions or other confidential information. 

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  the 
procurement  documents.  In  the  contract  notice,  the  invitation  to  confirm  interest  or 
the  procurement  documents,  the  contracting  authority  shall  indicate  whether  it  will 
use this option. 

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.  They  shall  assess  the  tenders  as  negotiated  on  the  basis  of  the  initially 
indicated award criteria and award the contract in accordance with Articles 66 to 69. 

Article 28 
Competitive dialogue 

In competitive dialogues, any economic operator may submit a request to participate 
in  response  to  a  call  for  competition  by  providing  the  requested  information  for 
qualitative selection. 

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 requested information 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  64.  The  contract  shall  be  awarded  on  the 
sole  basis  of  the  award  criterion  of  the  most  economically  advantageous  tender  in 
accordance with Article 66(1)(a). 

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2. 

3. 

4. 

5. 

6. 

7. 

Contracting  authorities  shall  set  out  their  needs  and  requirements  in  the  contract 
notice  and  they  shall  define  these  needs  and  requirements  in  the  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. 

Contracting  authorities  shall  open,  with  the  candidates  selected  in  accordance  with 
the relevant provisions of Articles 54 to 65, 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 contract with the chosen candidates during this dialogue. 

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

Contracting authorities shall not reveal to the other participants solutions proposed or 
other  confidential  information  communicated  by  a  candidate  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 
solutions or other specific confidential information. 

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 defined 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 us this option. 

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

Having  declared  that  the  dialogue  is  concluded  and  having  so  informed  the 
participants, contracting authorities shall ask 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. 

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. 

Where  necessary,  in  order  to  finalise  financial  commitments  or  other  terms  of  the 
contract, the contracting authority may negotiate the final terms of the contract with 
the  tenderer  identified  as  having  submitted  the  most  economically  advantageous 
tender  in  accordance  with  Article  66(1)(a)  provided  such  negotiations  do  not  have 
the effect of 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. 

The contracting authorities may specify prizes or payments to the participants in the 
dialogue. 

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Article 29 
Innovation partnership 

1. 

2. 

In  innovation  partnerships,  any  economic  operator  may  submit  a  request  to 
participate  in  response  to  a  contract  notice  with  a  view  to  establishing  a  structured 
partnership for 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 agreed performance levels and costs. 

The  partnership  shall  be  structured  in  successive  stages  following  the  sequence  of 
steps in the research and innovation process, possibly up to the manufacturing of the 
supply or the provision of the services. It shall provide for intermediate targets to be 
attained by the partner and provide for payment of  the remuneration in  appropriate 
instalments. Based on those targets, the contracting authority may decide after each 
stage  to  terminate  the  partnership  and  launch  a  new  procurement  procedure  for  the 
remaining  phases,  provided  that  it  has  acquired  the  relevant  intellectual  property 
rights. 

3. 

The  contract  shall  be  awarded  in  accordance  with  the  rules  for  a  competitive 
procedure with negotiation set out in Article 27. 

In  selecting  candidates,  contracting  authorities  shall  pay  particular  attention  to 
criteria concerning the tenderers’ capacity and experience in the field of research and 
development and of developing innovative solutions. They may limit the number of 
suitable  candidates  to  be  invited  to  participate  in  the  procedure  in  accordance  with 
Article 64. 

Only  those  economic  operators  invited  by  the  contracting  authority  following  its 
assessment of the requested information may submit research and innovation projects 
aimed at meeting the needs identified by the contracting authority that cannot be met 
by  existing solutions. The contract shall be awarded on the sole basis of the award 
criterion  of  the  most  economically  advantageous  tender  in  accordance  with  Article 
66(1)(a). 

4. 

The  structure  of  the  partnership  and,  in  particular,  the  duration  and  value  of  the 
different  phases  shall  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 value and duration of a 
contract for the purchase of the resulting supply, service or works shall remain within 
appropriate limits, taking into account the need to recover the costs, including those 
incurred in developing an innovative solution, and to achieve an adequate profit.  

Contracting  authorities  shall  not  use  innovation  partnerships  in  such  a  way  as  to 
prevent, restrict or distort competition. 

Article 30 
Use of the negotiated procedure without prior publication 

1. 

Member States may provide that contracting authorities may award public contracts 
by  a  negotiated  procedure  without  prior  publication  only  in  the  cases  laid  down  in 
paragraphs (2) to (5). 

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2. 

The negotiated procedure without prior publication may be foreseen 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 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  or  the  national  oversight  body  designated 
according to Article 84 where they so request. 

(b)  where the aim of the procurement is the creation or obtention of a work of art; 

(c)  where  the  works,  supplies  or  services  can  be  supplied  only  by  a  particular 

economic operator for any of the following reasons: 

(i) 

the absence of competition for technical reasons; 

(ii) 

the protection of patents, copyrights or other intellectual property rights; 

(iii) 

the protection of other exclusive rights. 

This exception only applies 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; 

(d) 

insofar as is strictly necessary where, for reasons of extreme urgency brought 
about by force majeure, the time limits for the open, restricted or competitive 
procedures  with  negotiation  cannot  be  complied  with;  the  circumstances 
invoked to justify extreme urgency must not in any event be attributable to the 
contracting authority; 

For the purposes of point (a), a tender shall be considered not to be suitable where: 

– 

– 

it is irregular or unacceptable, and 

it  is  completely  irrelevant  to  the  contract,  being  incapable  of  meeting  the 
contracting authority’s needs as specified in the procurement documents. 

In particular, tenders shall be considered to be irregular, where they do not comply 
with  the  procurement  documents  or  where  the  prices  offered  are  sheltered  from 
normal competitive forces. 

In particular, tenders shall be considered to be unacceptable in any of the following 
cases: 

(a) 

they have been received late; 

(b) 

they  have  been  submitted  by  tenderers  that  do  not  have  the  requisite 
qualifications; 

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(c) 

their price either exceeds the contracting authority’s budget as determined prior 
to the launching of the procurement procedure; the prior determination of the 
budget must be documented in writing; 

(d) 

they have been found to be abnormally low in accordance with Article 69.  

3. 

The  negotiated  procedure  without  prior  publication  may  be  foreseen  for  public 
supply contracts: 

(a)  where  the  products  involved  are  manufactured  purely  for  the  purpose  of 
research,  experimentation,  study  or  development;  this  provision  does  not 
extend  to  quantity  production  to  establish  commercial  viability  or  to  recover 
research and development costs; 

(b) 

(c) 

(d) 

for additional deliveries by the original supplier which are intended either as a 
partial  replacement  of  normal  supplies  or  installations  or  as  the  extension  of 
existing supplies or installations where a change of supplier would oblige the 
contracting  authority 
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; 

to  acquire  material  having  different 

for  supplies  quoted  and  purchased  on  a  commodity  market  or  other  similar 
markets such as electricity exchanges; 

for the purchase of supplies 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. 

The  negotiated  procedure  without  prior  publication  may  be  foreseen  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 applicable rules, 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. 

The negotiated procedure without prior publication may be foreseen 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 according to a procedure in accordance 
with Article 24(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. 

4. 

5. 

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CHAPTER II 
Techniques and instruments for electronic and aggregated 
procurement 

Article 31 
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 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 originally party to the framework agreement. 

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

Contracting authorities shall not use framework agreements improperly or in such a 
way as to prevent, restrict or distort competition. 

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  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, 
it may be performed in one of the two 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; 

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(b)  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 competition referred to in paragraph (4)(b) 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 
specifications  of  the  framework  agreement,  in  accordance  with  the  following 
procedure: 

(a) 

(b) 

(c) 

(d) 

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

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; 

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

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 
specifications of the framework agreement. 

Article 32 
Dynamic purchasing systems 

1. 

2. 

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, open throughout its validity to 
any economic operator that satisfies the selection criteria. 

In  order  to  award  contracts  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;  the  number  of 
candidates  to  be  admitted  to  the  system  shall  not  be  limited  in  accordance  with 
Article 64. All communications in the context of a dynamic purchasing system shall 
only be made with electronic means in accordance with Article 19(2) to (6). 

3. 

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  specifications  at  least  the  nature  and  estimated  quantity  of  the 
purchases  envisaged,  as  well  as  all  the  necessary  information  concerning  the 

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4. 

5. 

6. 

7. 

1. 

purchasing system, the electronic equipment used and the technical connection 
arrangements and specifications; 

(c)  offer  unrestricted  and  full  direct  access,  as  long  as  the  system  is  valid,  to  the 

specifications and to any additional documents in conformity with Article 51. 

Contracting  authorities  shall  give  any  economic  operator,  throughout  the  entire 
duration  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 according to the selection 
criteria within 10 working days following their receipt. 

The contracting authority shall inform the economic operator referred to in the first 
subparagraph  at  the  earliest  possible  opportunity  of  whether  or  not  it  has  been 
admitted to the dynamic purchasing system. 

Contracting  authorities  shall  invite  all  qualified  participants  to  submit  a  tender  for 
each specific procurement under the dynamic purchasing system, in accordance with 
Article 52. 

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. 

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

(a)  where  the  duration  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 

48. 

No  charges  may  be  billed  to  the  interested  economic  operators  or  to  parties  to  the 
dynamic purchasing system. 

Article 33 
Electronic auctions 

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  use  a  repetitive  electronic  process 
(electronic  auction),  which  occurs  after  an  initial  full  evaluation  of  the  tenders, 
enabling them to be ranked using automatic evaluation methods. 

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2. 

In  open,  restricted  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 tender 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 Article 
31(4)(b)  and  on  the  opening  for  competition  of  contracts  to  be  awarded  under  the 
dynamic purchasing system referred to in Article 32. 

3. 

The electronic auction shall be based on one of the the following criteria: 

4. 

5. 

6. 

(a) 

solely on prices where the contract is awarded to the tender offering the lowest 
cost; 

(b)  on prices and/or on the new values of the features  of the  tenders  indicated in 
the  specifications  where  the  contract  is  awarded  to  the  most  economically 
advantageous tender. 

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 specifications shall 
include at least the information set out in Annex VII. 

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 qualified 
tenderer and is in conformity with the technical specifications. 

All tenderers that have submitted admissible tenders shall be invited simultaneously 
by electronic means 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. 

Where  the  contract  is  to  be  awarded  on  the  basis  of  the  most  economically 
advantageous  tender,  the  invitation  shall  be  accompanied  by  the  outcome  of  a  full 
evaluation  of  the  relevant  tenderer,  carried  out  in  accordance  with  the  weighting 
provided for in the first subparagraph of Article 66(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. 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 the specifications. 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 

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them to ascertain their relative rankings at any moment and they may, where this has 
been previously indicated, communicate other information concerning other prices or 
values  submitted  as  well  as  announcing  the  number  of  participants  in  any  specific 
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; 

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

completed. 

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

After closing an electronic auction contracting authorities shall award the contract in 
accordance with Article 66 on the basis of the results of the electronic auction. 

Article 34 
Electronic catalogues 

Where contracting authorities require the use of electronic means of communication 
pursuant to Article 19, they may require tenders to be presented in the format of 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. 

Electronic catalogues shall be established by the candidates or tenderers with a view 
to participating in a specific 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 19. 

9. 

1. 

2. 

3. 

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

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4. 

5. 

6. 

(a) 

(b) 

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; 

indicate in the specifications all the necessary information pursuant to Article 
19(5)  concerning  the  format,  the  electronic  equipment  used  and  the  technical 
connection arrangements and specifications for the catalogue. 

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  case,  contracting 
authorities shall use one of the following alternative methods: 

(a) 

invite  tenderers  to  resubmit  their  electronic  catalogues,  adapted  to  the 
requirements of the specific contract in question; 

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

Where  contracting  authorities  reopen  competition  for  specific  contracts 
in 
accordance  with  point  (b)  of  paragraph  (4),  they  shall  specify  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 the correctness of the tender thus constituted. 

Contracting authorities may award contracts based on a dynamic purchasing system 
through  a  punch  out  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.  This 
catalogue  shall  be  completed  subsequently  by  the  candidates,  when  they  are 
informed of the contracting authority’s intention to constitute tenders by means of a 
punch  out.  The  punch  out  shall  be  conducted  in  conformity  with  point  (b)  of 
paragraph 4 and paragraph 5. 

Article 35 
Centralised purchasing activities and central purchasing bodies 

1. 

Contracting  authorities  may  purchase  works,  supplies  and/or  services  from  or 
through a central purchasing body. 

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2. 

3. 

4. 

5. 

6. 

Member  States  shall  provide  for  the  possibility  for  contracting  authorities  to  have 
recourse  to  centralised  purchasing  activities  offered  by  central  purchasing  bodies 
established in another Member State. 

A  contracting  authority  fulfils  its  obligations  pursuant  to  this  Directive  when  it 
procures by having recourse to centralised purchasing activities, to the extent that the 
procurement  procedures  concerned  and  their  performance  are  conducted  by  the 
central procurement body alone in all its stages from the publication of the call for 
competition to the end of the execution of the ensuing contract or contracts. 

However, where certain stages of the procurement procedure or the performance of 
the  ensuing  contracts  are  carried  out  by  the  contracting  authority  concerned,  the 
contracting  authority  continues  to  be  responsible  for  fulfilling  the  obligations 
pursuant to this Directive in respect of the stages it conducts. 

All  procurement  procedures  conducted  by  a  central  purchasing  body  shall  be 
performed  using  electronic  means  of  communication,  in  accordance  with  the 
requirements of Article 19. 

Contracting  authorities  may,  without  applying  the  procedures  provided  for  in  this 
Directive,  choose  a  central  purchasing  body  to  provide  centralised  purchasing 
activities, including where the central purchasing body is remunerated for so doing. 

Central  purchasing  bodies  shall  ensure  the  documentation  of  all  transactions 
performed in the course of the execution of the contracts, framework agreements or 
dynamic purchasing systems they conclude in the course of their central purchasing 
activities.  

Article 36 
Ancillary purchasing activities 

The  providers  of  ancillary  purchasing  activities  shall  be  chosen  in  accordance  with  the 
procurement procedures set out in this Directive. 

Article 37 
Occasional joint procurement 

1. 

2. 

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

Where  one  contracting  authority  alone  conducts  the  procurement  procedures 
concerned in all its stages from the publication of the call for competition to the end 
of  the  performance  of  the  ensuing  contract  or  contracts,  that  contracting  authority 
shall have sole responsibility for fulfilling the obligations pursuant to this Directive. 

However, where the conduct of the procurement procedures and the performance of 
the ensuing contracts is carried out by more than one of the participating contracting 
authorities, each shall continue to be responsible for fulfilling its obligations pursuant 
to this Directive in respect of the stages it conducts. 

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1. 

2. 

3. 

4. 

Article 38 
Joint procurement between contracting authorities from different Member States 

Without prejudice to Article 11, contracting authorities from different Member States 
may  jointly  award  public  contracts  by  using  one  of  the  means  described  in  this 
Article. 

Several contracting authorities may purchase works, supplies and/or services from or 
through a central purchasing body located in another Member State. In that case, the 
procurement procedure shall be conducted in accordance with the national provisions 
of the Member State where the central purchasing body is located. 

Several  contracting  authorities  from  different  Member  States  may  jointly  award  a 
public contract. In that case, the participating contracting authorities shall  conclude 
an agreement that determines: 

(a)  which national provisions shall apply to the procurement procedure. 

(b) 

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

When  determining  the  applicable  national  law  in  accordance  with  point  (a), 
contracting  authorities  may  choose  the  national  provisions  of  any  Member  State  in 
which at least one of the participating authorities is located. 

Where  several  contracting  authorities  from  different  Member  States  have  set  up  a 
joint  legal  entity,  including  European  Groupings  of  territorial  cooperation  under 
Regulation (EC) N° 1082/2006 of the European Parliament and of the Council32 or 
other  entities  established  under  Union  law,  the  participating  contracting  authorities 
shall,  by  a  decision  of  the  competent  body  of  the  joint  legal  entity,  agree  on  the 
applicable national procurement rules of one of the following Member States: 

(a) 

(b) 

the national provisions of the Member State where the joint legal entity has its 
registered office;  

the  national  provisions  of  the  Member  State  where  the  joint  legal  entity  is 
carrying out its activities. 

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

5. 

In the absence of an agreement determining the applicable public procurement law, 
the national legislation governing the contract award shall be determined following 
the rules set out below: 

32 

OJ L 210 of 31.7.2006, p. 19 

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(a)  where the procedure is conducted or managed by one participating contracting 
authority on behalf of the others, the national provisions of the Member State 
of that contracting authority shall apply; 

(b)  where  the  procedure  is  not  conducted  or  managed  by  one  participating 

contracting authority on behalf of the others, and 

(i) 

concerns a works contract, contracting authorities shall apply the national 
provisions of the Member State where most of the works are located; 

(ii)  concerns a service or supply contract, contracting authorities shall apply 
the national provisions of the Member State where the major part of the 
services or supplies is provided; 

(c)  where  it  is  not  possible  to  determine  the  applicable  national  law  pursuant  to 
points (a)  or (b),  contracting authorities shall apply  the national provisions of 
the Member State of the contracting authority which bears the biggest share of 
the costs. 

6. 

In  the  absence  of  an  agreement  determining  the  applicable  public  procurement  law 
under  paragraph  4,  the  national  legislation  governing  procurement  procedures 
conducted  by  joint  legal  entities  set  up  by  several  contracting  authorities  from 
different Member States shall be determined following the following rules: 

(a)  where  the  procedure  is  conducted  or  managed  by  the  competent  organ  of  the 
joint legal entity, the national provisions of the Member State where the legal 
entity has its registered office shall apply. 

(b)  where the procedure is conducted or managed by a member of the legal entity 
on behalf of that legal entity, the rules set out in points (a) and (b) of paragraph 
5 shall apply. 

(c)  where  it  is  not  possible  to  determine  the  applicable  national  law  pursuant  to 
points  (a)  or  (b)  of  paragraph  5,  the  contracting  authorities  shall  apply  the 
national  provisions  of  the  Member  State  where  the  legal  entity  has  its 
registered office. 

7. 

8. 

9. 

One  or  more  contracting  authorities  may  award  individual  contracts  under  a 
framework agreement concluded by or jointly with a contracting authority located in 
another  Member  State,  provided  that  the  framework  agreement  contains  specific 
provisions enabling the respective contracting authority or contracting authorities to 
award the individual contracts. 

Decisions on the award of public contracts in cross-border public procurement shall 
be  subject  to  the  ordinary  review  mechanisms  available  under  the  national  law 
applicable. 

In order to enable the effective operation of review mechanisms, Member States shall 
ensure that the decisions of review bodies within the meaning of Council Directive 

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89/665/EEC33  located  in  other  Member  States  are  fully  executed  in  their  domestic 
legal order, where such decisions involve contracting authorities established on their 
territory participating in the relevant cross-border public procurement procedure.  

CHAPTER III 
Conduct of the procedure 

SECTION 1 
PREPARATION 

Article 39 
Preliminary market consultations 

1. 

2. 

Before  launching  a  procurement  procedure,  contracting  authorities  may  conduct 
market  consultations  in  order  to  assess  the  structure,  capability  and  capacity  of  the 
market  and  to  inform  economic  operators  of  their  procurement  plans  and 
requirements. 

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

Where  a  candidate  or  tenderer  or  an  undertaking  related  to  a  candidate  or  tenderer 
has  advised  the  contracting  authority  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  any  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 85.  

33 

OJ L 395, 30.12. 1989, p. 33. 

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Article 40 
Technical specifications 

1. 

The technical specifications as defined in point 1 of Annex VIII  shall be set out in 
the  procurement  documents.  They  shall  define  the  characteristics  required  of  a 
works, service or supply.  

2. 

3. 

These characteristics may also refer to the specific process of production or provision 
of the requested works, supplies or services or of any other stage of its life cycle as 
referred to in point (22) of Article 2. 

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

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

Where  mandatory  accessibility  standards  are  adopted  by  a  legislative  act  of  the 
Union, technical specifications shall, as far as accessibility criteria are concerned, be 
defined by reference thereto.  

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

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  approvals, 
common  technical  specifications,  international  standards,  other  technical 
reference  systems  established  by  the  European  standardisation  bodies  or  — 
when 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. 

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4. 

5. 

6. 

Unless  justified  by  the  subject-matter  of  the  contract,  technical  specifications  shall 
not  refer  to  a  specific  make  or  source,  or  a  particular  process,  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". 

Where  a  contracting  authority  uses  the  option  of  referring  to  the  specifications 
referred to in point (b) of paragraph 3, it shall not reject a tender on the grounds that 
the works, supplies and services tendered for do not comply with the specifications 
to  which  it  has  referred,  once  the  tenderer  proves  in  its  tender  by  whatever 
appropriate  means,  including  the  means  of  proof  referred  to  in  Article  42,  that  the 
solutions it proposes satisfy in an equivalent manner the requirements defined by the 
technical specifications. 

in 

technical  specifications 

Where a contracting authority uses the option laid down in point (a) of paragraph 3 to 
formulate 
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. 

terms  of  performance  or 

In  its  tender,  the  tenderer  shall  prove  by  any  appropriate  means,  including  those 
referred  to  in  Article  42,  that  the  work,  supply  or  service  in  compliance  with  the 
standard  meets  the  performance  or  functional  requirements  of  the  contracting 
authority. 

Article 41 
Labels 

1. 

Where contracting authorities lay down environmental, social or other characteristics 
of a works, service or supply in terms of performance or functional requirements as 
referred to in point (a) of Article 40(3) they may require that these works, services or 
supplies  bear  a  specific  label,  provided  that  all  of  the  following  conditions  are 
fulfilled: 

(a) 

(b) 

(c) 

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

the  requirements  for  the  label  are  drawn  up  on  the  basis  of  scientific 
information  or  based  on  other  objectively  verifiable  and  non-discriminatory 
criteria; 

the  labels  are  established  in  an  open  and  transparent  procedure  in  which  all 
including  government  bodies,  consumers,  manufacturers, 
stakeholders, 
distributors and environmental organisations, may participate, 

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(d) 

the labels are accessible to all interested parties; 

(e) 

the criteria of the label are set by a third party which is independent from the 
economic operator applying for the label. 

Contracting  authorities  requiring  a  specific  label  shall  accept  all  equivalent  labels 
that fulfil the requirements of the label indicated by the contracting authorities. For 
products  that  do  not  bear  the  label,  contracting  authorities  shall  also  accept  a 
technical dossier of the manufacturer or other appropriate means of proof. 

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  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 42 
Test reports, certification and other means of proof 

Contracting  authorities  may  require  that  economic  operators  provide  a  test  report 
from a recognised body or a certificate issued by such a body as means of proof of 
conformity with the technical specifications. 

Where  contracting  authorities  require  the  submission  of  certificates  drawn  up  by 
recognised  bodies  attesting  conformity  with  a  particular  technical  specification, 
certificates  from  equivalent  other  recognised  bodies  shall  also  be  accepted  by  the 
contracting authorities. 

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 has no access to the certificates or test reports referred 
to in paragraph 1, or no possibility of obtaining them within the relevant time limits. 

Recognised bodies within the meaning of paragraph 1 of this Article shall be test and 
calibration  laboratories  and  any  certification  and  inspection  bodies  accredited  in 
accordance  with  Regulation  (EC)  No  765/2008  of  the  European  Parliament  and  of 
the Council34. 

Member  States  shall  make  available  to  other  Member  States,  upon  request,  any 
information  related  to  the  evidence  and  documents  submitted  in  accordance  with 
Article  40(6),  Article  41  and  paragraphs  1,  2  and  3  of  this  Article  to  prove 
compliance  with  technical  requirements.  The  competent  authorities  of  the  Member 
State of establishment shall provide this information in accordance with Article 88. 

2. 

1. 

2. 

3. 

4. 

34 

OJ L 218, 13.8.2008, p. 30. 

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1. 

2. 

3. 

1. 

2. 

3. 

Article 43 
Variants 

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

Contracting authorities authorising variants shall state in the procurement documents 
the minimum requirements to be met by the variants and any specific requirements 
for  their  presentation.  They  shall  also  ensure  that  the  chosen  award  criteria  can  be 
usefully  applied  to  variants  meeting  those  minimum  requirements  as  well  as  to 
conforming tenders which are not variants. 

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  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 44 
Division of contracts into lots 

Public  contracts  may  be  subdivided  into  homogenous  or  heterogeneous  lots.  For 
contracts with a value equal to or greater than the thresholds provided for in Article 4 
but not less than EUR 500 000, determined in accordance with Article 5, where the 
contracting authority does not deem it appropriate to split into lots, it shall provide in 
the contract notice or in the invitation to confirm interest a specific explanation of its 
reasons. 

Contracting  authorities  shall  indicate,  in  the  contract  notice  or  in  the  invitation  to 
confirm interest, whether tenders are limited to one or more lots only. 

Contracting authorities may, even where the possibility to tender for all lots has been 
indicated, limit the number of lots that may be awarded to a tenderer, provided that 
the maximum number is stated in the contract notice or in the invitation to confirm 
interest.  Contracting  authorities  shall  determine  and  indicate  in  the  procurement 
documents  the  objective  and  non-discriminatory  criteria  or  rules  for  awarding  the 
different lots where the application of the chosen award criteria would result in the 
award to one tenderer of more lots than the maximum number. 

Where  more  than  one  lot  may  be  awarded  to  the  same  tenderer,  contracting 
authorities may provide that they will either award a contract per lot or one or more 
contracts covering several or all lots. 

Contracting  authorities  shall  specify  in  the  procurement  documents  whether  they 
reserve  the  right  to  make  such  a  choice  and,  if  so,  which  lots  may  be  grouped 
together under one contract. 

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Contracting  authorities  shall  first  determine  the  tenders  fulfilling  best  the  award 
criteria  set  out  pursuant  to  Article  66  for  each  individual  lot.  They  may  award  a 
contract for more than one lot to a tenderer that is not ranked first in respect of all 
individual  lots  covered  by  this  contract,  provided  that  the  award  criteria  set  out 
pursuant to Article 66 are better fulfilled with regard to all the lots covered by that 
contract. Contracting authorities shall specify the methods they intend to use for such 
comparison  in  the  procurement  documents.  Such  methods  shall  be  transparent, 
objective and non-discriminatory. 

Contracting  authorities  may  require  that  all  contractors  coordinate  their  activities 
under  the  direction  of  the  economic  operator  to  which  has  been  awarded  a  lot 
involving the coordination of the entire project or its relevant parts. 

Article 45 
Setting time limits 

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 24 to 30. 

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 shall be extended so that all economic operators concerned 
may be aware of all the information needed to produce tenders. 

SECTION 2 
PUBLICATION AND TRANSPARENCY 

Article 46 
Prior information notices 

Contracting  authorities  may  make  known  their  intentions  of  planned  procurements 
through  the  publication  of  a  prior  information  notice  as  soon  as  possible  after  the 
beginning of the budgetary year. Those notices shall contain the information set out 
in Annex VI part B section I. They shall be published either by the Commission or 
by the contracting authorities on their buyer profiles in accordance with point 2(b) of 
Annex IX. Where the notice is published by the contracting authorities on their buyer 
profile,  they  shall  send  a  notice  of  the  publication  on  their  buyer  profile  in 
accordance with point 3 of Annex IX. 

For  restricted  and  competitive  procedures  with  negotiation,  sub-central  contracting 
authorities may use a prior information notice as a call for competition pursuant to 
Article 24(2), 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; 

4. 

1. 

2. 

1. 

2. 

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77 

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(b) 

(c) 

(d) 

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

it contains, in addition to the information set out in Annex VI part B section I, 
the information set out in Annex VI part B section II; 

it has been published not more than 12 months prior to the date on which the 
invitation referred to in Article 52(1) is sent. 

Such notices shall not be published on a buyer profile. 

Article 47 
Contract notices 

All contracting authorities may use a contract notice as a means of calling for competition in 
respect  of  all  procedures.  Such  notices  shall  contain  the  information  set  out  in  Annex 
VI part C and shall be published in accordance with Article 49. 

Article 48 
Contract award notices 

1. 

2. 

3. 

4. 

Not later than 48 days after the award of a contract or the conclusion of a framework 
agreement, 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  VI part D  and  be 
published in accordance with Article 49. 

Where the call for competition for the contract concerned has been made in the form 
of a prior information notice and the contracting authority does not intend to award 
further contracts during the 12-month 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  31, 
contracting  authorities  shall  not  be  bound  to  send  a  notice  of  the  results  of  the 
procurement procedure for each contract based on that agreement. 

Contracting  authorities  shall  send  a  notice  of  the  result  of  the  award  of  contracts 
based on a dynamic purchasing system within 48 days of the award of each contract. 
They may, however, group such notices on a quarterly basis. In that case, they shall 
send the grouped notices within 48 days of the end of each quarter.  

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  economic  operators,  public  or  private,  or  might 
prejudice fair competition between them. 

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78 

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1. 

2. 

3. 

4. 

Article 49 
Form and manner of publication of notices 

Notices referred to in Articles 46, 47 and 48 shall include the information set out in 
Annex VI in the format of standard forms, including standard forms for corrigenda. 

The Commission shall establish those standard forms. Those implementing acts shall 
be adopted in accordance with the advisory procedure referred to in Article 91. 

Notices  referred  to  in  Articles  46,  47  and  48  shall  be  drawn  up,  transmitted  by 
electronic  means  to  the  Commission  and  published  in  accordance  with  Annex  IX. 
Notices  shall  be  published  not  later  than  five  days  after  they  are  sent.  The  costs  of 
publication of the notices by the Commission shall be borne by the Union.  

Notices  referred  to  in  Article  46(2)  and  Article  47  shall  be  published  in  full  in  an 
official language of the Union as chosen by the contracting authority. That language 
version shall constitute the sole authentic text. A summary of the important elements 
of each notice shall be published in the other official languages. 

The Commission shall ensure that the full text and the summary of prior information 
notices  referred  to  in  Article  46(2)  and  calls  for  competition  setting  up  a  dynamic 
purchasing system, as referred to in Article 32(3)(a) 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  48  indicating  that  no  further 
contracts will be awarded during the 12-month 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  Commission  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. 

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

Article 50 
Publication at national level 

Notices referred to in Articles 46,  47  and  48 and the  information contained therein 
shall not be published at national level before the publication pursuant to Article 49.  

Notices  published  at  national  level  shall  not  contain  information  other  than  that 
contained  in  the  notices  dispatched  to  the  Commission  or  published  on  a  buyer 

6. 

1. 

2. 

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79 

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3. 

1. 

2. 

profile, but shall indicate the date of dispatch of the notice to the Commission or its 
publication on the buyer profile. 

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

Article 51 
Electronic availability of procurement documents  

Contracting authorities shall offer unrestricted and full direct access free of charge by 
electronic means to the procurement documents from the date of publication of the 
notice in accordance with Article 49 or the date on which 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 this documentation is accessible. 

Provided  that  it  has  been  requested  in  good  time,  the  contracting  authorities  or 
competent  departments  shall  supply  additional 
the 
specifications  and  any  supporting  documents  not  later  than  six  days  before  the 
deadline fixed for the receipt of tenders. In the event of an accelerated procedure as 
referred to in Articles 25(3) and 26(5), that period shall be four days. 

information  relating 

to 

Article 52 
Invitations to submit a tender or to participate in the dialogue; invitations to confirm interest 

1. 

2. 

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 
46(2), contracting authorities shall simultaneously and in writing invite the economic 
operators having expressed their interest to confirm their continuing interest. 

The invitations referred to in paragraph 1 shall include a reference to the electronic 
address  on  which  the  specifications  or  the  descriptive  document  and  any  other 
supporting  documents  have  been  made  directly  available  by  electronic  means.  In 
addition, they shall include the information set out in Annex X. 

Article 53 
Informing candidates and tenderers 

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. 

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2. 

On  request  from  the  party  concerned,  the  contracting  authority  shall  as  quickly  as 
possible, and in any case within 15 days from receipt of a written request, inform: 

(a) 

(b) 

(c) 

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

any  unsuccessful  tenderer  of  the  reasons  for  the  rejection  of  its  tender, 
including, for the cases referred to in Article 40(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, 

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 
paragraph 1, 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, would otherwise be contrary to the public interest, 
would prejudice the legitimate commercial interests of economic operators, whether 
public or private, or might prejudice fair competition between them. 

SECTION 3 
CHOICE OF PARTICIPANTS AND AWARD OF CONTRACTS 

Article 54 
General principles 

1. 

Contracts shall be awarded on the basis of the criteria laid down in Articles 66 to 69, 
provided that the following cumulative conditions are fulfilled: 

(a) 

(b) 

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 Article 43; 

the  tender  comes  from  a  tenderer  that  is  not  excluded  in  accordance  with 
Articles  21  and  55  and  that  meets  the  selection  criteria  set  out  by  the 
contracting authority in accordance with Article 56 and, where appropriate, the 
non-discriminatory rules and criteria referred to in Article 64. 

2. 

Contracting authorities may decide not to award a contract to the tenderer submitting 
the best tender where they have established that the tender does not comply, at least 
in  an  equivalent  manner,  with  obligations  established  by  Union  legislation  in  the 
field of social and labour law or environmental law or of the international social and 
environmental law provisions listed in Annex XI. 

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3. 

4. 

In  open  procedures,  contracting  authorities  may  decide  to  examine  tenders  before 
verifying the fulfilment of the selection criteria, provided that the relevant provisions 
of this section are observed, including the rule that the contract shall not be awarded 
to a tenderer that should have been excluded pursuant to Article 55 or that does not 
meet  the  selection  criteria  set  out  by  the  contracting  authority,  in  accordance  with 
subsection 1 of this section. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 89 to amend the list in Annex XI, where necessary due to the conclusion of 
new international agreements or modification of existing international agreements. 

SUBSECTION 1 
CRITERIA FOR QUALITATIVE SELECTION 

Article 55 
Exclusion grounds 

1. 

Any candidate or tenderer that has been the subject of a conviction by final judgment 
for  one  of  the  following  reasons  shall  be  excluded  from  participation  in  a  public 
contract: 

(a)  participation  in  a  criminal  organisation,  as  defined  in  Article  2(1)  of  Council 

Framework Decision 2008/841/JHA35; 

(b) 

(c) 

(d) 

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 Union36 and Article 2 of Council Framework 
Decision 2003/568/JHA37 as well as corruption as defined in the national law 
of the contracting authority or the economic operator;  

fraud  within  the  meaning  of  Article  1  of  the  Convention  on  the  protection  of 
the financial interests of the European Communities38; 

terrorist offences or offences linked to terrorist activities, as defined in Articles 
1  and  3  of  Framework  Decision  2002/475/JHA39  respectively,  or  inciting, 
aiding or abetting or attempting to commit an offence, as referred to in Article 
4 of that Framework Decision; 

(e)  money laundering, as defined in Article 1 of Council Directive 91/308/EEC40. 

The  obligation  to  exclude  a  candidate  or  tenderer  from  participation  in  a  public 
contract  shall  also  apply  where  the  conviction  by  final  judgment  has  condemned 

35 
36 
37 
38 
39 
40 

OJ L 300, 11.11.2008, p. 42. 
OJ C 195, 25.6.1997, p. 1. 
OJ L 192, 31.7.2003, p. 54. 
OJ C 316, 27.11.1995, p. 48. 
OJ L 164, 22?6.2002, p.3. 
OJ L 166, 28.6.1991, p. 77. 

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2. 

3. 

company  directors  or  any  other  any  persons  having  powers  of  representation, 
decision or control in respect of the candidate or tenderer. 

Any economic operator shall be excluded from participation in a contract where the 
contracting  authority  is  aware  of  a  decision  having  the  force  of  res  judicata 
establishing  that  it  has  not  fulfilled  obligations  relating  to  the  payment  of  taxes  or 
social security contributions 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. 

A  contracting  authority  may  exclude  from  participation  in  a  public  contract  any 
economic operator if one of the following conditions is fulfilled: 

(a)  where  it  is  aware  of  any  violation  of  obligations  established  by  Union 
legislation in the field of social and labour law or environmental law or of the 
international  social  and  environmental  law  provisions  listed  in  Annex  XI. 
Compliance  with  Union  legislation  or  with  international  provisions  also 
includes compliance in an equivalent manner. 

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

(c)  where  the  contracting  authority  can  demonstrate  by  any  means  that  the 

economic operator is guilty of other grave professional misconduct; 

(d)  where the economic operator has shown significant or persistent deficiencies in 
the  performance  of  any  substantive  requirement  under  a  prior  contract  or 
contracts of a similar nature with the same contracting authority. 

In  order  to  apply  the  ground  for  exclusion  referred  to  in  point  (d)  of  the  first 
subparagraph,  contracting  authorities  shall  provide  a  method  for  the  assessment  of 
contractual  performance  that  is  based  on  objective  and  measurable  criteria  and 
applied in a systematic, consistent and transparent way. Any performance assessment 
shall  be  communicated  to  the  contractor  in  question,  which  shall  be  given  the 
opportunity to object to the findings and to obtain judicial protection. 

4. 

Any candidate or tenderer that is in one of the situations referred to in paragraphs 1, 
2  and  3  may  provide  the  contracting  authority  with  evidence  demonstrating  its 
reliability despite the existence of the relevant ground for exclusion. 

For  this  purpose,  the  candidate  or  tenderer  shall  prove  that  it  has  compensated  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  personal 
measures  that  are  appropriate  to  prevent  further  criminal  offences  or  misconduct. 
Contracting  authorities  shall  evaluate  the  measures  taken  by  the  candidates  and 
tenderers taking into account the gravity and particular circumstances of the criminal 
offence or misconduct. Where the contracting authority considers the measures to be 
insufficient, it shall state the reasons for its decision. 

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5. 

6. 

Member States shall ensure that contracting authorities and economic operators can 
easily obtain information and assistance with regard to the application of this Article 
through the liaison point provided for in Article 88. 

Member  States  shall  make  available  to  other  Member  States,  upon  request,  any 
information  related  to  the  exclusion  grounds  listed  in  this  Article.  The  competent 
authorities  of  the  Member  State  of  establishment  shall  provide  this  information  in 
accordance with Article 88. 

Article 56 
Selection criteria 

1. 

Contracting authorities may establish conditions for participation relating to: 

(a) 

suitability to pursue the professional activity; 

(b) 

economic and financial standing; 

(c) 

technical and professional ability. 

2. 

3. 

They are not obliged to impose all the conditions listed in paragraphs 2, 3 and 4, but 
they shall not provide requirements other than those listed. 

Contracting  authorities  shall  limit  any  conditions  for  participation  to  those  that  are 
appropriate  to  ensure  that  a  candidate  or  tenderer  has  the  legal  and  financial 
capacities  and  the  commercial  and  technical  abilities  to  perform  the  contract  to  be 
awarded. All requirements shall be related and strictly proportionate to the subject-
matter of the contract, taking into account the need to ensure genuine competition. 

With regard to suitability to pursue the professional activity, contracting authorities 
may  require  economic  operators  to  be  enrolled  on  one  of  the  professional  or  trade 
registers kept in their Member State of establishment, as described in Annex XII.  

In  procedures  for  the  award  of  public  service  contracts,  insofar  as  candidates  or 
tenderers 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. 

With  regard  to  sufficient  economic  and  financial  standing,  contracting  authorities 
may require economic operators to have adequate financial and economic capacity. 
For that purpose, they may require that economic operators have a certain minimum 
yearly  turnover,  including  a  certain  minimum  turnover  in  the  area  covered  by  the 
contract and an adequate professional risk indemnity insurance. 

The  minimum  yearly  turnover  shall  not  exceed  three  times  the  estimated  contract 
value, except in duly justified circumstances relating to the special risks attached to 
the nature of the works, services or supplies. The contracting authority shall indicate 
such exceptional circumstances in the procurement documents. 

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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  by  reference  to  groups  of  lots  for  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. 

4. 

With regard to technical and professional ability, contracting authorities may require 
that  economic  operators  possess  the  necessary  human  and  technical  resources  and 
experience  to  perform  the  contract  to  an  appropriate  quality  standard.  Contracting 
authorities may conclude that economic operators will not perform the contract to an 
appropriate  quality  standard  where  the  contracting  authority  established  that  they 
have  conflicting  interests  which  may  negatively  affect  the  performance  of  the 
contract. 

In procedures for awarding public contracts having as their object supplies requiring 
siting  or  installation  work,  the  provision  of  services  or  the  execution  of  works,  the 
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 57 
Self-declarations and other means of proof 

1. 

Contracting  authorities  shall  accept  self-declarations  as  preliminary  evidence  that 
candidates and tenderers fulfil any of the following conditions: 

(a) 

they are not in one of the situations referred to in Article 55 in which economic 
operators shall or may be excluded; 

(b) 

they meet the selection criteria that have been set out pursuant to Article 56; 

(c)  where applicable, they meet the objective rules and criteria that have been set 

out pursuant to Article 64; 

(d) 

they  will  be  able,  upon  request  and  without  delay,  to  provide  the  supporting 
documentation  that  contracting  authorities  have  required  in  accordance  with 
Articles 59, 60 and, where appropriate, Articles 61 and 63. 

2. 

A  contracting  authority  may  ask  a  candidate  or  tenderer  at  any  moment  during  the 
procedure  to  submit  all  or  parts  of  the  required  documentation  where  this  appears 
necessary to ensure the proper conduct of the procedure.  

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3. 

4. 

1. 

2. 

1. 

Before awarding the contract, the contracting authority shall require the tenderer to 
which  it  has  decided  to  award  the  contract  to  submit  the  documentation  in 
accordance  with  Articles  59  and  60  and,  where  appropriate,  Article  61.  The 
contracting  authority  may  invite  economic  operators  to  supplement  or  clarify  the 
certificates and documents submitted pursuant to Articles 59, 60 and 61.  

Contracting  authorities  shall  not  require  certificates  other  than  those  referred  to  in 
Articles  60  and  61;  in  respect  of  Article  62,  economic  operators  may  rely  on  any 
appropriate  means  to  prove  to  the  contracting  authority  that  they  will  have  at  their 
disposal the resources necessary. 

Candidates  and  tenderers  shall  not  be  required  to  re-submit  a  certificate  or  other 
documentary  evidence  that  has  already  been  submitted  to  the  same  contracting 
authority within the past four years in an earlier procedure and is still valid. 

Upon  request,  Member  States  shall  make  available  to  other  Member  States,  in 
accordance with Article 88, any information related to the exclusion grounds listed in 
Article 55, to the suitability, financial and technical capacities of tenderers described 
in  Article  56  and  to  the  content  or  nature  of  the  means  of  proof  indicated  in  this 
Article. 

Article 58 
Online repository of certificates (e-Certis) 

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 is constantly kept up to date. 

Recourse  to  e-Certis  shall  become  obligatory  and  contracting  authorities  shall  be 
obliged  to  require  only  such  of  types  of  certificates  or  forms  of  documentary 
evidence that are available in e-Certis at the latest 2 years after the date provided for 
in Article 92(1).  

Article 59 
European Procurement Passport 

National authorities shall issue, at the request of an economic operator established in 
the  relevant  Member  State  and  fulfilling  the  necessary  conditions,  a  European 
Procurement  Passport.  The  European  Procurement  Passport  shall  contain  the 
particulars  set  out  in  Annex  XIII  and  shall  be  drawn  up  on  the  basis  of  a  standard 
form.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  89  in  order  to  modify  Annex  XIII  due  to  technical  progress  or  for 
administrative  reasons.  It  shall  also  establish  the  standard  form  for  the  European 
Procurement Passport. Those implementing acts shall be adopted in accordance with 
the advisory procedure referred to in Article 91. 

2. 

At the latest 2 years after the date provided for in Article 92(1), the passport shall be 
provided exclusively in electronic form.  

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3. 

4. 

5. 

The  authority  issuing  the  passport  shall  seek  the  relevant  information  directly  from 
the competent authorities, except where prohibited by national rules on the protection 
of personal data. 

The  European  Procurement  Passport  shall  be  recognised  by  all  contracting 
authorities as proof of fulfilment of the conditions for participation covered by it and 
shall not be questioned without justification. Such justification may be related to the 
fact that the passport was issued more than six months earlier. 

Member  States  shall  make  available  to  other  Member  States,  upon  request,  any 
information  relating  to  the  authenticity  and  content  of  the  European  Procurement 
Passport.  The  competent  authorities  of  the  Member  State  of  establishment  shall 
provide this information in accordance with Article 88. 

Article 60 
Certificates 

1. 

Contracting authorities shall accept the following as sufficient evidence that none of 
the cases specified in Article 55 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 
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 3 of that Article, a certificate 
issued by the competent authority in the Member State concerned; 

(c)  where the country in question does not issue such documents or certificates, or 
where these do not cover all the cases specified in paragraphs 1, 2 and point (b) 
of paragraph 3 of that Article, they may be replaced by an official declaration 
to that effect by the national liaison point designated in accordance with Article 
88. 

2. 

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 XIV, part 1. 

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. 

Evidence  of  the  economic  operators’  technical  abilities  may  be  provided  by  one  or 
more of the means listed in Annex XIV, part 2, according to the nature, quantity or 
importance, and use of the works, supplies or services. 

Upon  request,  Member  States  shall  make  available  to  other  Member  States,  in 
accordance  with  Article  88,  any  information  relating  to  the  evidence  on  exclusion 
grounds,  the  documents  attesting  the  suitability  to  pursue  the  professional  activity, 

3. 

4. 

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1. 

2. 

3. 

1. 

and  financial  and  technical  capacities  of  tenderers,  as  well  as  any  other  means  of 
proof referred to in paragraphs 1, 2 and 3 of this Article. 

Article 61 
Quality assurance standards and environmental management standards 

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,  contracting  authorities 
shall  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  from  economic  operators  that 
have  no  access  to  such  certificates,  or  no  possibility  of  obtaining  them  within  the 
relevant time limits. 

Where  contracting  authorities  require  the  production  of  certificates  drawn  up  by 
independent  bodies  attesting  that  the  economic  operator  complies  with  certain 
environmental  management  schemes  or  standards,  they  shall  refer  to  the  European 
Union  Eco-Management  and  Audit  Scheme  (EMAS)  or  to  other  environmental 
management  schemes  as  recognized  in  accordance  with  Article  45  of  Regulation 
(EC)  No  1221/2009  of  the  European  Parliament  and  of  the  Council41  or  other 
the  relevant  European  or 
environmental  management  standards  based  on 
international  standards  by  accredited  bodies.  They  shall  recognise  equivalent 
certificates  from  bodies  established  in  other  Member  States.  They  shall  also  accept 
other  evidence  of  equivalent  environmental  management  measures  from  economic 
operators that have no access to such certificates, or no possibility of obtaining them 
within the relevant time limits.  

Upon  request,  Member  States  shall  make  available  to  other  Member  States,  in 
accordance with Article 88, any information relating to the documents  produced as 
evidence  of  compliance  with  quality  and  environmental  standards  referred  to  in 
paragraphs 1 and 2 of this Article. 

Article 62 
Reliance on the capacities of other entities 

With regard to criteria relating to economic and financial standing as set out pursuant 
to Article 56(3), and to criteria relating to technical and professional ability as set out 
pursuant  to  Article  56(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.  It  shall  in  that  case  prove  to  the 
contracting  authority  that  it  will  have  at  its  disposal  the  resources  necessary,  for 
example, by producing an undertaking by those entities to that effect. In the case of 
economic  and  financial  standing,  contracting  authorities  may  require  that  the 
economic  operator  and  those  entities  are  jointly  liable  for  the  execution  of  the 
contract. 

41 

OJ L 342, 22.12.2009, p. 1.  

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Under the same conditions, a group of economic operators as referred to in Article 16 
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 and 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  a  tender  is 
submitted by a group of economic operators as referred to in Article 6, a participant 
in the group. 

Article 63 
Official lists of approved economic operators and certification by bodies established under 
public or private law 

1. 

2. 

3. 

4. 

5. 

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 VIII. 

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. 

Member  States  shall  adapt  the  conditions  for  registration  on  the  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 62 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  in  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. 

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  in  the  list  or  to  obtain  certification  and  the  classification 
given in that list. 

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 list or certificate. 

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. 

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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. 

The  requirements  of  proof  for  the  criteria  for  qualitative  selection  encompassed  by 
the  list  or  certificate  shall  comply  with  Articles  59,  60  and,  where  appropriate, 
Article 61. For any registration of economic operators of other Member States in 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 in an official list or for 
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  list  or  of  the  competent 
certification body. 

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. 

Upon  request,  Member  States  shall  make  available  to  other  Member  States,  in 
accordance with Article 88, any information relating to the documents  produced as 
evidence  that  the  economic  operators  fulfil  the  requirements  to  be  registered  in  the 
list  of  approved  economic  operators  or  as  evidence  that  economic  operators  from 
another Member State possess an equivalent certification. . 

SUBSECTION 2 
REDUCTION OF NUMBERS OF CANDIDATES, TENDERS AND SOLUTIONS 

Article 64 
Reduction of the number of otherwise qualified candidates to be invited to participate 

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  a  sufficient  number  of  qualified  candidates  is 
available. 

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 shall be three. In any  event the number of 
candidates invited shall be sufficient to ensure genuine competition. 

6. 

7. 

8. 

1. 

2. 

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The contracting authorities shall invite a number of candidates at least equal to the 
minimum number. Where the number of candidates meeting the selection criteria and 
the minimum levels of ability as referred to in Article 56(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 other economic operators that did not request 
to participate, or candidates that do not have the required capabilities. 

Article 65 
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 27(5) or of solutions to be discussed as provided for in 
Article 28(4), they shall do so by applying the award criteria stated in the contract notice, in 
the specifications or in the descriptive document. In the final stage, the number arrived at shall 
make for genuine competition insofar as there are enough solutions or qualified candidates. 

SUBSECTION 3 
AWARD OF THE CONTRACT 

Article 66 
Contract award criteria 

1. 

Without  prejudice  to  national  laws,  regulations  or  administrative  provisions 
concerning  the  remuneration  of  certain  services,  the  criteria  on  which  contracting 
authorities shall base the award of public contracts shall be one of the following: 

(a) 

the most economically advantageous tender; 

(b) 

the lowest cost.  

Costs may be assessed, on the choice of the contracting authority, on the basis of the 
price  only  or  using  a  cost-effectiveness  approach,  such  as  a  life-cycle  costing 
approach, under the conditions set out in Article 67. 

2. 

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

(a)  quality,  including  technical  merit,  aesthetic  and  functional  characteristics, 
accessibility, design for all users, environmental characteristics and innovative 
character; 

(b) 

for  service  contracts  and  contracts  involving  the  design  of  works,  the 
organisation,  qualification  and  experience  of  the  staff  assigned  to  performing 
the contract in question may be taken into consideration, with the consequence 
that, following the award of the contract, such staff may only be replaced with 

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(c) 

(d) 

the  consent  of  the  contracting  authority,  which  must  verify  that  replacements 
ensure equivalent organisation and quality; 

after-sales service and technical assistance, delivery date and delivery period or 
period of completion; 

the specific process of production or provision of the requested works, supplies 
or services or of any other stage of its life cycle as referred to in point (22) of 
Article  2,  to  the  extent  that  those  criteria  are  specified  in  accordance  with 
paragraph 4 and they concern factors directly involved in these processes and 
characterise  the  specific  process  of  production  or  provision  of  the  requested 
works, supplies or services. 

Member  States  may  provide  that  the  award  of  certain  types  of  contracts  shall  be 
based  on  the  most  economically  advantageous  tender  as  referred  to  in  point  (a)  of 
paragraph 1 and in paragraph 2. 

Award criteria shall not confer an unrestricted freedom of choice on the contracting 
authority.  They  shall  ensure  the  possibility  of  effective  competition  and  shall  be 
accompanied by requirements that allow the information provided by the tenderers to 
be effectively verified. Contracting authorities shall verify effectively, on the basis of 
the  information  and  proof  provided  by  the  tenderers,  whether  the  tenders  meet  the 
award criteria. 

In  the  case  referred  to  in  point  (a)  of  paragraph  1  the  contracting  authority  shall 
specify,  in  the  contract  notice,  in  the  invitation  to  confirm  interest,  in  the 
procurement documents or, in the case of a competitive dialogue, in the descriptive 
document,  the  relative  weighting  which  it  gives  to  each  of  the  criteria  chosen  to 
determine the most economically advantageous tender. 

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. 

3. 

4. 

5. 

Article 67 
Life-cycle costing 

1. 

Life-cycle costing shall to the extent relevant cover the following costs over the life 
cycle of a product, service or works as defined in point (22) of Article 2: 

(a) 

(b) 

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

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

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2. 

Where  contracting  authorities  assess  the  costs  using  a  life-cycle  costing  approach, 
they  shall  indicate  in  the  procurement  documents  the  methodology  used  for  the 
calculation  of  the  life-cycle  costs.  The  methodology  used  must  fulfil  all  of  the 
following conditions: 

(a) 

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

(b) 

it has been established for repeated or continuous application; 

(c) 

it is accessible to all interested parties. 

including  economic 
Contracting  authorities  shall  allow  economic  operators, 
operators from third countries, to apply a different methodology for establishing the 
life-cycle  costs  of  their  offer,  provided  that  they  prove  that  this  methodology 
complies with the requirements set out in points a, b and c and is equivalent to the 
methodology indicated by the contracting authority. 

3. 

Whenever a common methodology for the calculation of life-cycle costs is adopted 
as  part  of  a  legislative  act  of  the  Union,  including  by  delegated  acts  pursuant  to 
sector specific legislation, it shall be applied where life-cycle costing is included in 
the award criteria referred to in Article 66(1). 

A list of such legislative and delegated acts is set out in Annex XV. The Commission 
shall be empowered to adopt delegated acts in accordance with Article 89 concerning 
the update of this list, when on the basis of the adoption of new legislation, repeal or 
modification of such legislation, such amendments prove necessary. 

Article 68 
Impediments to award  

Contracting authorities shall not award the contract to the tenderer submitting the best tender 
where one of the following conditions is fulfilled: 

(a) 

(b) 

(c) 

the tenderer is not able to provide the certificates and documents required pursuant to 
Articles 59, 60 and 61;  

the declaration provided by the tenderer pursuant to Article 22 is false; 

the declaration provided by the tenderer pursuant to Article 21(3)(b) is false.  

Article 69 
Abnormally low tenders 

1. 

Contracting authorities shall require economic operators to explain the price or costs 
charged, where all of the following conditions are fulfilled: 

(a) 

the  price  or  cost  charged  is  more  than  50  %  lower  than  the  average  price  or 
costs of the remaining tenders 

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(b) 

the price or cost charged is more than 20 % lower than the price or costs of the 
second lowest tender; 

(c) 

at least five tenders have been submitted. 

Where tenders appear to be abnormally low for other reasons, contracting authorities 
may also request such explanations. 

The explanations referred to in paragraphs 1 and 2 may in particular relate to: 

(a) 

(b) 

the  economics  of  the  construction  method,  the  manufacturing  process  or  the 
services provided; 

the  technical  solutions  chosen  or  any  exceptionally  favourable  conditions 
available to the tenderer for the execution of the work or for the supply of the 
goods or services; 

(c) 

the originality of the work, supplies or services proposed by the tenderer; 

(d) 

compliance,  at  least  in  an  equivalent  manner,  with  obligations  established  by 
Union legislation in the field of social and labour law or environmental law or 
of the international social and environmental law provisions listed in Annex XI 
or, where not applicable, with other provisions ensuring an equivalent level of 
protection; 

(e) 

the possibility of the tenderer obtaining State aid. 

The  contracting  authority  shall  verify  the  information  provided  by  consulting  the 
tenderer.  It  may  only  reject  the  tender  where  the  evidence  does  not  justify  the  low 
level  of  price  or  costs  charged,  taking  into  account  the  elements  referred  to  in 
paragraph 3.  

Contracting  authorities  shall  reject  the  tender,  where  they  have  established  that  the 
tender is abnormally low because it does not comply with obligations established by 
Union legislation in the field of social and labour law or environmental law or by the 
international social and environmental law provisions listed in Annex XI. 

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 of the Treaty. 
Where  the  contracting  authority  rejects  a  tender  in  those  circumstances,  it  shall 
inform the Commission thereof. 

Upon  request,  Member  States  shall  make  available  to  other  Member  States,  in 
accordance with Article 88, any information relating to the evidence and documents 
produced in relation to details listed in paragraph 3. 

2. 

3. 

4. 

5. 

6. 

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CHAPTER IV 
Contract performance 

Article 70 
Conditions for performance of contracts 

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

Article 71 
Subcontracting 

1. 

2. 

3. 

1. 

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 
third  parties  and  any  proposed 
subcontractors. 

to  subcontract 

it  may 

intend 

to 

Member  States  may  provide  that  at  the  request  of  the  subcontractor  and  where  the 
nature of the contract so allows, the contracting authority shall transfer due payments 
directly  to  the  subcontractor  for  services,  supplies  or  works  provided  to  the  main 
contractor.  In  such  case,  Member  States  shall  put  in  place  appropriate  mechanisms 
permitting  the  main  contractor  to  object  to  undue  payments.  The  arrangements 
concerning that mode of payment shall be set out in the procurement documents. 

Paragraphs  1  and  2  shall  be  without  prejudice  to  the  question  of  the  principal 
economic operator’s liability. 

Article 72 
Modification of contracts during their term 

A substantial modification of the provisions of a public contract during its term shall 
be considered as a new award for the purposes of this Directive and shall require a 
new procurement procedure in accordance with this Directive. 

A modification of a contract during its term shall be considered substantial within the 
meaning of paragraph 1, where it renders the contract substantially different from the 
one  initially  concluded.  In  any  case,  without  prejudice  to  paragraph  3  and  4,  a 
modification shall be considered substantial where one 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  selection  of  other 

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candidates than those initially selected or would have allowed for awarding the 
contract to another tenderer; 

(b) 

(c) 

the modification changes the economic balance of the contract in favour of the 
contractor; 

the modification extends the scope of the contract considerably to encompass 
supplies, services or works not initially covered. 

3. 

The  replacement  of  the  contractual  partner  shall  be  considered  a  substantial 
modification within the meaning of paragraph 1.  

However,  the  first  subparagraph  shall  not  apply  in  the  event  of  universal  or  partial 
succession into the position of the initial contractor, following corporate restructuring 
operations  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.  

Where  the  value  of  a  modification  can  be  expressed  in  monetary  terms,  the 
modification  shall  not  be  considered  to  be  substantial  within  the  meaning  of 
paragraph 1, where its value does not exceed the thresholds set out in Article 4 and 
where  it  is  below  5 %  of  the  price  of  the  initial  contract,  provided  that  the 
modification  does  not  alter  the  overall  nature  of  the  contract.  Where  several 
successive  modifications  are  made,  the  value  shall  be  assessed  on  the  basis  of  the 
cumulative value of the successive modifications.  

Contract  modifications  shall  not  be  considered  substantial  within  the  meaning  of 
paragraph  1  where  they  have  been  provided  for  in  the  procurement  documents  in 
clear, precise and unequivocal review 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. 

4. 

5. 

6. 

By way of derogation from paragraph 1, a substantial modification shall not require a 
new procurement procedure where the following cumulative conditions are fulfilled: 

(a) 

the  need  for  modification  has  been  brought  about  by  circumstances  which  a 
diligent contracting authority could not foresee;  

(b) 

the modification does not alter the overall nature of the contract; 

(c) 

any  increase  in  price  is  not  higher  than  50 %  of  the  value  of  the  original 
contract. 

Contracting authorities shall publish in the Official Journal of the European Union a 
notice  on  such  modifications.  Such  notices  shall  contain  the  information  set  out  in 
Annex VI part G and be published in accordance with Article 49.  

7. 

Contracting authorities shall not have recourse to modifications of the contract in the 
following cases: 

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(a)  where 

the 
the  modification  would  aim  at  remedying  deficiencies 
performance  of  the  contractor  or  the  consequences,  which  can  be  remedied 
through the enforcement of contractual obligations; 

in 

(b)  where the modification would aim at compensating risks of price increases that 

have been hedged by the contractor. 

Article 73 
Termination of contracts 

Member  States  shall  ensure  that  contracting  authorities  have  the  possibility,  under  the 
conditions determined by the applicable national contract law, to terminate a public contract 
during its term, where one of the following conditions is fulfilled: 

(a) 

(b) 

(c) 

the  exceptions  provided  for  in  Article  11  cease  to  apply  following  a  private 
participation in the legal person awarded the contract pursuant to Article 11(4); 

a modification of the contract constitutes a new award within the meaning of Article 
72; 

the Court of Justice of the European Union finds, in a procedure pursuant to Article 
258 of the Treaty, that a Member State has failed to fulfil its  obligations under the 
Treaties due to the fact that a contracting authority belonging to that Member State 
has  awarded  the  contract  in  question  without  complying  with  its  obligations  under 
the Treaties and this Directive. 

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Title III 
Particular procurement regimes 

CHAPTER I 
Social and other specific services 

Article 74 
Award of contracts for social and other specific services 

Contracts for social and other specific services listed in Annex XVI shall be awarded 
in  accordance  with  this  Chapter,  where  the  value  of  the  contracts  is  equal  to  or 
greater than the threshold indicated in Article 4 (d). 

Article 75 
Publication of notices 

1. 

2. 

3. 

4. 

1. 

2. 

Contracting authorities intending to award a public contract for the services referred 
to in Article 74 shall make known their intention by means of a contract notice. 

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. 

The notices referred to in paragraphs 1 and 2 shall contain the information referred to 
in Annexes VI Part H and I, in accordance with the standard forms.  

The  Commission  shall  establish  the  standard  forms.  Those  implementing  acts  shall 
be adopted in accordance with the advisory procedure referred to in Article 91. 

The notices referred to in paragraphs 1 and 2 shall be published in accordance with 
Article 49.  

Article 76 
Principles of awarding contracts 

Member States shall  put in  place appropriate procedures  for  the award of  contracts 
subject to this Chapter, ensuring full compliance with the principles of transparency 
and  equal  treatment  of  economic  operators  and  allowing  contracting  authorities  to 
take into account the specificities of the services in question. 

Member  States  shall  ensure  that  contracting  authorities  may  take  into  account  the 
need to ensure quality, continuity, accessibility, availability and comprehensiveness 
of  the  services,  the  specific  needs  of  different  categories  of  users,  the  involvement 
and empowerment of users and innovation. Member States may also provide that the 

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choice of the service provider shall not be made solely on the basis of the price for 
the provision of the service.  

CHAPTER II 
RULES GOVERNING DESIGN CONTESTS 

Article 77 
General provisions 

1. 

2. 

The  rules  for  the  organisation  of  design  contests  shall  be  in  conformity  with  this 
Chapter and shall be communicated to those interested in participating in the contest. 

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. 

Article 78 
Scope 

This Chapter shall apply to: 

(a) 

design  contests  organised  as  part  of  a  procedure  leading  to  the  award  of  a  public 
service contract; 

(b) 

design contests with prizes or payments to participants. 

In the cases referred to in point (a), 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. 

Article 79 
Notices 

1. 

2. 

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 30(3), 
this shall be indicated in the contest notice. 

Contracting  authorities  that  have  held  a  design  contest  shall  send  a  notice  of  the 
results of the contest in accordance with Article 49 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,  be  contrary  to  the  public  interest,  or  prejudice  the  legitimate 

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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  49(2)  to  (6)  and  Article  50.  They  shall  include  the 
information set out in Annex VI part G in the format of the standard forms. 

The  Commission  shall  establish  the  standard  forms.  Those  implementing  acts  shall 
be adopted in accordance with the advisory procedure referred to in Article 91. 

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

1. 

2. 

When  organising  design  contests,  contracting  authorities  shall  apply  procedures 
which are adapted to the provisions of this Directive. 

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 81 
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 82 
Decisions of the jury 

1. 

2. 

3. 

4. 

5. 

6. 

The jury shall be autonomous in its decisions or opinions. 

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. 

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. 

Anonymity shall be observed until the jury has reached its opinion or decision. 

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. 

Complete  minutes  shall  be  drawn  up  of  the  dialogue  between  jury  members  and 
candidates. 

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TITLE IV 
GOVERNANCE 

Article 83 
Enforcement 

In  conformity  with  Council  Directive  89/665/EEC,  Member  States  shall  ensure  correct 
application  of  this  Directive  by  effective,  available  and  transparent  mechanisms  which 
complement the system in place for the review of decisions taken by contracting authorities. 

Article 84 
Public oversight 

1. 

2. 

Member States shall appoint a single independent body responsible for the oversight 
and  coordination  of  implementation  activities  (hereinafter  'the  oversight  body'). 
Member States shall inform the Commission of their designation. 

All contracting authorities shall be subject to such oversight. 

The  competent  authorities  involved  in  the  implementation  activities  shall  be 
organised  in  such  a  manner  that  conflicts  of  interests  are  avoided.  The  system  of 
public  oversight  shall  be  transparent.  For  this  purpose,  all  guidance  and  opinion 
documents  and  an  annual  report  illustrating  the  implementation  and  application  of 
rules laid down in this Directive shall be published.  

The annual report shall include the following: 

(a) 

(b) 

(c) 

(d) 

an indication of the success rate of small and medium-sized enterprises (SMEs) 
in  public  procurement;  where  the  percentage  is  lower  than  50  %  in  terms  of 
values of contracts awarded to SMEs, the report shall provide an analysis of the 
reasons therefore; 

a  global  overview  of  the  implementation  of  sustainable  procurement  policies, 
including  on  procedures  taking  into  account  considerations  linked  to  the 
protection  of  the  environment,  social  inclusion  including  accessibility  for 
persons with disabilities, or fostering innovation; 

information on the monitoring and follow-up of breaches to procurement rules 
affecting the budget of the Union in accordance with paragraphs 3 to 5 of the 
present article; 

centralized data about reported cases of fraud, corruption, conflict of interests 
and  other  serious  irregularities  in  the  field  of  public  procurement,  including 
those affecting projects cofinanced by the budget of the Union.  

3. 

The oversight body shall be responsible for the following tasks: 

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(a)  monitoring the application of public procurement rules and the related practice 
by contracting authorities and in particular by central purchasing bodies; 

(b)  providing legal advice to contracting authorities on the interpretation of public 
procurement rules and principles and on the application of public procurement 
rules in specific cases; 

(c) 

issuing  own-initiative  opinions  and  guidance  on  questions  of  general  interest 
pertaining to the interpretation and application of public procurement rules, on 
recurring  questions  and  on  systemic  difficulties  related  to  the  application  of 
public procurement rules, in the light of the provisions of this Directive and of 
the relevant case-law of the Court of Justice of the European Union;  

(d) 

establishing  and  applying  comprehensive,  actionable  'red  flag'  indicator 
systems  to  prevent,  detect  and  adequately  report  instances  of  procurement 
fraud, corruption, conflict of interest and other serious irregularities; 

(e)  drawing the attention of the national competent institutions, including auditing 

authorities, to specific violations detected and to systemic problems; 

(f) 

examining complaints from citizens and businesses on the application of public 
procurement  rules  in  specific  cases  and  transmitting  the  analysis  to  the 
competent  contracting  authorities,  which  shall  have  the  obligation  to  take  it 
into account in their decisions or, where the analysis is not followed, to explain 
the reasons for disregarding it; 

(g)  monitoring  the  decisions  taken  by  national  courts  and  authorities  following  a 
ruling  given  by  the  Court  of  Justice  of  the  European  Union  on  the  basis  of 
Article  267  of  the  Treaty  or  findings  of  the  European  Court  of  Auditors 
establishing  violations  of  Union  public  procurement  rules  related  to  projects 
cofinanced by the Union; the oversight body shall report to the European Anti-
Fraud  Office  any  infringement  to  Union  procurement  procedures  where  these 
were related to contracts directly or indirectly funded by the European Union.  

The tasks referred to in point (e) shall be without fprejudice to the exercise of rights 
of appeal under national law or under the system established on the basis of Directive 
89/665/EEC. 

Member States shall empower the oversight body to seize the jurisdiction competent 
according to national law for the review of contracting authorities' decisions where it 
has detected a violation in the course of its monitoring and legal advising activity. 

4. 

Without prejudice to the general procedures and working methods established by the 
Commission for its communications and contacts with Member States, the oversight 
body  shall  act  as  a  specific contact  point  for  the  Commission  when  it  monitors  the 
application  of  Union  law  and  the  implementation  of  the  budget  from  the  Union  on 
the basis of Article 17 of the Treaty on the European Union and Article 317 of the 
Treaty on the Functioning of the European Union. It shall report to the Commission 
any violation of this Directive in procurement procedures for the award of contracts 
directly or indirectly funded by the Union.  

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The  Commission  may  in  particular  refer  to  the  oversight  body  the  treatment  of 
individual cases where a contract is not yet concluded or a review procedure can still 
be carried out. It may also entrust the oversight body with the monitoring activities 
necessary to ensure the implementation of the measures to which Member States are 
committed  in  order  to  remedy  a  violation  of  Union  public  procurement  rules  and 
principles identified by the Commission. 

The  Commission  may  require  the  oversight  body  to  analyse  alleged  breaches  to 
Union public procurement rules affecting projects co-financed by the budget of the 
Union.  The  Commission  may  entrust  the  oversight  body  to  follow-up  certain  cases 
and  to  ensure  that  the  appropriate  consequences  of  breaches  to  Union  public 
procurement rules affecting projects co-financed are taken by the competent national 
authorities which will be obliged to follow its instructions. 

5. 

The  investigation  and  enforcement  activities  carried  out  by  the  oversight  body  to 
ensure  that  contracting  authorities’  decisions  comply  with  this  Directive  and  the 
principles  of  the  Treaty  shall  not  replace  or  prejudge  the  institutional  role  of  the 
Commission  as  guardian  of  the  Treaty.  When  the  Commission  decides  to  refer  the 
treatment of an individual case pursuant to paragraph 4, it shall also retain the right 
to intervene in accordance with the powers conferred to it by the Treaty. 

6. 

Contracting authorities shall transmit to the national oversight body the full text of all 
concluded contracts with a 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. 

7. 

Without  prejudice  to  the  national  law  concerning  access  to  information,  and  in 
accordance  with  national  and  EU  legislation  on  data  protection,  the  oversight  body 
shall, upon written request, give unrestricted and full direct access, free of charge, to 
the  concluded  contracts  referred  to  in  paragraph  6.  Access  to  certain  parts  of  the 
contracts  may  be  refused  where  their  disclosure  would  impede  law  enforcement  or 
otherwise  be  contrary  to  the  public  interest,  would  harm  the  legitimate  commercial 
interests of economic operators, public or private, or might prejudice fair competition 
between them. 

Access to the parts that may be released shall be given within a reasonable delay and 
no later than 45 days from the date of the request. 

The  applicants  filing  a  request  for  access  to  a  contract  shall  not  need  to  show  any 
direct  or  indirect  interest  related  to  that  particular  contract.  The  recipient  of 
information should be allowed to make it public. 

8. 

A summary of all the activities carried out by the oversight body in accordance with 
paragraphs 1 to 7 shall be included in the annual report referred to in paragraph 2. 

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Article 85 
Individual reports on procedures for the award of contracts 

For every contract or framework agreement, and every time a dynamic purchasing system is 
established, contracting authorities shall draw up a written report which shall include at least 
the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the name and address of the contracting authority, the subject-matter and value of the 
contract, framework agreement or dynamic purchasing system; 

the  names  of  the  successful  candidates  or  tenderers  and  the  reasons  for  their 
selection; 

the names of the candidates or tenderers rejected and the reasons for their rejection; 

the reasons for the rejection of tenders found to be abnormally low; 

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; 

for negotiated procedures without prior publication, the circumstances referred to in 
Article 30 which justify the use of this procedure; 

where necessary, 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, conflicts of interests detected and subsequent measures taken. 

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

The report, or its main elements, shall be communicated to the Commission or to the national 
oversight body where they so request. 

Article 86 
National reporting and lists of contracting authorities 

1. 

The bodies established or appointed in accordance with Article 84 shall  forward to 
the  Commission  an  implementation  and  statistical  report  on  each  year,  based  on  a 
standard form, not later than 31 October of the following year. 

2. 

The report referred to in paragraph 1 shall contain at least the following information: 

(a) 

a complete and up-to-date list of all central government authorities, sub-central 
contracting  authorities  and  bodies  governed  by  public  law,  including  sub-
central  authorities  and  associations  of  contracting  authorities  awarding  public 
contracts  or  framework  agreements,  indicating  for  each  authority  the  unique 

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identification  number  where  such  number  is  provided  for  in  national 
legislation; this list shall be grouped by type of authority; 

(b) 

a complete and up-to-date list of all central purchasing bodies; 

(c) 

for all contracts above the thresholds laid down in Article 4 of this Directive: 

(i) 

the number and value of contracts awarded broken down for each type of 
authority by procedure and by works, supplies and services identified by 
division of the CPV nomenclature; 

(ii)  where the contracts have been concluded under the negotiated procedure 
without  prior  publication,  the  data  referred  to  in  point  (i)  shall  also  be 
broken down according to the circumstances referred to in Article 30 and 
shall  specify  the  number  and  value  of  contracts  awarded,  by  Member 
State and third country of the successful contractor; 

(d) 

for all contracts which fall below the thresholds laid down in Article 4 of this 
Directive,  but  would  be  covered  by  this  Directive  if  their  value  exceeded  the 
threshold,  the  number  and  value  of  contracts  awarded  broken  down  by  each 
type of authority. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  89  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;  

The Commission may periodically publish the list of bodies governed by public law 
transmitted  according  to  point  (a)  of  paragraph  2  for  information  in  the  Official 
Journal of the European Union. 

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. 

The Commission shall establish the standard form for the annual implementation and 
statistical report referred to in paragraph 1. Those implementing acts shall be adopted 
in accordance with the advisory procedure referred to in Article 91. 

Article 87 
Assistance to contracting authorities and businesses 

Member States shall make available technical support structures in order to provide 
legal  and  economic  advice,  guidance  and  assistance  to  contracting  authorities  in 
preparing and carrying out procurement procedures. Member States shall also ensure 
that  each  contracting  authority  can  obtain  competent  assistance  and  advice  on 
individual questions. 

3. 

4. 

5. 

1. 

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2. 

3. 

4. 

1. 

2. 

3. 

4. 

With  a  view  to  improving  access  to  public procurement  for  economic  operators,  in 
particular SMEs, and in order to facilitate correct understanding of the provisions of 
this  Directive,  Member  States  shall  ensure  that  appropriate  assistance  can  be 
obtained,  including  by  electronic  means  or  using  existing  networks  dedicated  to 
business assistance. 

Specific administrative assistance shall be available to economic operators intending 
to participate in a procurement procedure in another Member State. Such assistance 
shall  at  least  cover  administrative  requirements  in  the  Member  State  concerned,  as 
well as possible obligations related to electronic procurement. 

Member  States  shall  ensure  that  interested  economic  operators  have  easy  access  to 
appropriate  information  on  the  obligations  relating  to  taxes,  environmental 
protection,  and  to  social  and  labour  law  obligations,  which  are  in  force  in  the 
Member State, in the region or locality where the works are to be carried out or the 
services are to be provided and which will be applicable to the works carried out on 
site or to the services provided during the performance of the contract. 

For the purposes of paragraphs 1, 2 and 3, Member States may appoint a single body 
or  several  bodies  or  administrative  structures.  Member  States  shall  ensure  due 
coordination between those bodies and structures. 

Article 88 
Administrative cooperation 

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 40, 41, 42, 55, 57, 59, 60, 61, 63 and 69. 
They shall ensure the confidentiality of the information which they exchange. 

The  competent  authorities  of  all  Member  States  concerned  shall  exchange 
information  in  compliance  with  personal  data  protection  legislation  provided  for  in 
Directives  95/46/EC  of  the  European  Parliament  and  of  the  Council42  and 
2002/58/EC of the European Parliament and of the Council43. 

For the purposes of this Article, Member States shall designate one or more liaison 
points,  the  contact  details  of  which  shall  be  communicated  to  the  other  Member 
States,  the  oversight  bodies  and  the  Commission.  Member  States  shall  publish  and 
regularly  update  the  list  of  liaison  points.  The  oversight  body  shall  be  in  charge  of 
the coordination of such liaison points. 

The  exchange  of  information  shall  take  place  via  the  Internal  Market  Information 
system  established  pursuant  to  Regulation  (EU)  N°  XXX/XXXX  of  the  European 
Parliament and Council44 [proposal for a Regulation of the European Parliament and 
Council  on  the  administrative  cooperation  through  the  Internal  Market  Information 
System  (‘the  IMI  Regulation’)  COM(2011) 522].  Member  States  shall  supply 

42 
43 
44 

OJ L 281, 23.11.1995, p. 31. 
OJ L 201, 31.7.2002, p. 37. 
OJ L […] 

EN 

106 

   EN 

 
                                                 
information requested by other Member States within the shortest possible period of 
time. 

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TITLE V 
DELEGATED POWERS, IMPLEMENTING POWERS 
AND FINAL PROVISIONS 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 89 
Exercise of the delegation of powers 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The delegation of power referred to in Articles 6, 13, 19, 20, 23, 54, 59, 67 and 86 
shall be conferred on the Commission for an indeterminate period of time from the 
[date of entry into force of the present Directive]. 

The delegation of power referred to in Articles 6, 13, 19, 20, 23, 54, 59, 67 and 86 
may  be  revoked  at  any  time  by  the  European  Parliament  or  by  the  Council.  A 
revocation decision 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. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A delegated act adopted pursuant to this Article 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 the Council. 

Article 90 
Urgency procedure 

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. 

Either  the  European  Parliament  or  the  Council  may  object  to  a  delegated  act  in 
accordance  with  the  procedure  referred  to  in  Article  89(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 the Council. 

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1. 

2. 

1. 

Article 91 
Committee procedure 

The Commission shall be assisted by the Advisory Committee for Public Contracts 
established by Council Decision 71/306/EEC45. That committee shall be a committee 
within the meaning of Regulation (EU) No 182/2011. 

Where reference is made to this Article, Article 4 of Regulation (EU) No 182/2011 
shall apply. 

Article 92 
Transposition 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  30  June  2014  at  the  latest. 
They shall forthwith communicate to the Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  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. 

2. 

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 93 
Repeals 

Directive 2004/18/EC shall be repealed with effect from 30 June 2014. 

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 XVII. 

Article 94 
Review 

The Commission shall review the economic effects on the internal market resulting from the 
application  of  the  thresholds  set  in  Article  4  and  report  thereon  to  the  European  Parliament 
and the Council by 30 June 2017.  

In  the  event  of  any  change  to  the  threshold  amounts  applicable  under  the  Agreement,  the 
report shall, where appropriate, be followed by a legislative proposal amending the thresholds 
set out in this Directive. 

45 

OJ L 185, 16.8.1971, p. 15. 

EN 

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   EN 

 
                                                 
Article 95 
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 96 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 
CENTRAL GOVERNMENT AUTHORITIES 

Belgium 

1. Services publics fédéraux (Ministries): 

1. Federale Overheidsdiensten (Ministries): 

SPF Chancellerie du Premier Ministre; 

FOD Kanselarij van de Eerste Minister; 

SPF Personnel et Organisation; 

FOD Kanselarij Personeel en Organisatie; 

SPF Budget et Contrôle de la Gestion; 

FOD Budget en Beheerscontrole; 

SPF  Technologie  de  l’Information  et  de  la 
Communication (Fedict); 

FOD 
Communicatietechnologie (Fedict); 

Informatie- 

en 

SPF Affaires étrangères, Commerce extérieur 
et Coopération au Développement; 

FOD  Buitenlandse  Zaken,  Buitenlandse 
Handel en Ontwikkelingssamenwerking; 

SPF Intérieur; 

SPF Finances; 

FOD Binnenlandse Zaken; 

FOD Financiën; 

SPF Mobilité et Transports; 

FOD Mobiliteit en Vervoer; 

SPF Emploi, Travail et Concertation sociale; 

FOD Werkgelegenheid, Arbeid en sociaal overleg 

SPF Sécurité Sociale et Institutions publiques 
de Sécurité Sociale; 

FOD  Sociale  Zekerheid 
Instellingen van sociale Zekerheid 

en  Openbare 

SPF  Santé  publique,  Sécurité  de  la  Chaîne 
alimentaire et Environnement; 

FOD  Volksgezondheid,  Veiligheid  van  de 
Voedselketen en Leefmilieu; 

SPF Justice; 

FOD Justitie; 

SPF  Economie,  PME,  Classes  moyennes  et 
Energie; 

FOD  Economie,  KMO,  Middenstand  en 
Energie; 

Ministère de la Défense; 

Ministerie van Landsverdediging; 

Service  public  de  programmation  Intégration 
sociale, Lutte contre la pauvreté et Economie 
sociale; 

Programmatorische 
Maatschappelijke 
Armoedsbestrijding en sociale Economie; 

Overheidsdienst 
Integratie, 

Service  public  fédéral  de  Programmation 
Développement durable; 

Programmatorische  federale  Overheidsdienst 
Duurzame Ontwikkeling; 

Service  public  fédéral  de  Programmation 
Politique scientifique; 

Programmatorische  federale  Overheidsdienst 
Wetenschapsbeleid; 

2. Régie des Bâtiments; 

2. Regie der Gebouwen; 

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Office national de Sécurité sociale; 

Rijksdienst voor sociale Zekerheid; 

Institut  national  d’Assurance  sociales  pour 
travailleurs indépendants 

Rijksinstituut  voor  de  sociale  Verzekeringen 
der Zelfstandigen; 

Institut 
Invalidité; 

national 

d’Assurance  Maladie-

Rijksinstituut 
voor 
Invaliditeitsverzekering; 

Ziekte- 

en 

Office national des Pensions; 

Rijksdienst voor Pensioenen; 

Caisse 
Invalidité; 

auxiliaire  d’Assurance  Maladie-

Hulpkas 
voor 
Invaliditeitsverzekering; 

Ziekte-en 

Fond des Maladies professionnelles; 

Fonds voor Beroepsziekten; 

Office national de l’Emploi; 

Rijksdienst voor Arbeidsvoorziening 

Bulgaria 

–  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 

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–  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 

EN 

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   EN 

 
–  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 

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–  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 

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–  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 Republic 

–  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 

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–  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 

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–  Český telekomunikační úřad 

Denmark 

–  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 

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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) 

Germany 

–  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 

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–  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 

Estonia 

–  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; 

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–  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; 

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–  Tööinspektsioon; 

–  Lennuamet; 

–  Maanteeamet; 

–  Veeteede Amet; 

–  Julgestuspolitsei; 

–  Kaitseressursside Amet; 

–  Kaitseväe Logistikakeskus; 

–  Tehnilise Järelevalve Amet. 

Ireland 

–  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 

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–  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. 

Greece 

–  Υπουργείο Εσωτερικών; 

–  Υπουργείο Εξωτερικών; 

–  Υπουργείο Οικονοµίας και Οικονοµικών; 

–  Υπουργείο Ανάπτυξης; 

–  Υπουργείο ∆ικαιοσύνης; 

–  Υπουργείο Εθνικής Παιδείας και Θρησκευµάτων; 

–  Υπουργείο Πολιτισµού; 

–  Υπουργείο Υγείας και Κοινωνικής Αλληλεγγύης; 

–  Υπουργείο Περιβάλλοντος, Χωροταξίας και ∆ηµοσίων Έργων; 

–  Υπουργείο Απασχόλησης και Κοινωνικής Προστασίας; 

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–  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 ∆ηµοσίων 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; 

–  ∆ηµοκρίτειο Πανεπιστήµιο Θράκης; 

–  Πανεπιστήµιο Αιγαίου; 

–  Πανεπιστήµιο Ιωαννίνων; 

–  Πανεπιστήµιο Πατρών; 

–  Πανεπιστήµιο Μακεδονίας; 

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–  Πολυτεχνείο Κρήτης; 

–  Σιβιτανίδειος ∆ηµόσια Σχολή Τεχνών και Επαγγελµάτων; 

–  Αιγινήτειο Νοσοκοµείο; 

–  Αρεταίειο Νοσοκοµείο; 

–  Εθνικό Κέντρο ∆ηµόσιας ∆ιοίκησης; 

–  Οργανισµός ∆ιαχείρισης ∆ηµοσίου 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. 

Spain 

–  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 

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–  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 

France 

1. 

Ministries 

–  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 

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–  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 jurisdictions 

–  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 

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–  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 

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–  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 establishments 

–  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 

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–  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 

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–  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 

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–  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 

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–  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 

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–  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 bodies 

–  Union des groupements d’achats publics (UGAP) 

–  Agence Nationale pour l’emploi (A.N.P.E) 

–  Caisse Nationale des Allocations Familiales (CNAF) 

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–  Caisse Nationale d’Assurance Maladie des Travailleurs Salariés (CNAMS) 

–  Caisse Nationale d’Assurance-Vieillesse des Travailleurs Salariés (CNAVTS) 

Italy 

• 

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) 

Cyprus 

–  Προεδρία και Προεδρικό Μέγαρο 

–  Γραφείο Συντονιστή Εναρµόνισης 

–  Υπουργικό Συµβούλιο 

–  Βουλή των Αντιπροσώπων 

–  ∆ικαστική Υπηρεσία 

–  Νοµική Υπηρεσία της ∆ηµοκρατίας 

–  Ελεγκτική Υπηρεσία της ∆ηµοκρατίας 

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–  Επιτροπή ∆ηµόσιας Υπηρεσίας 

–  Επιτροπή Εκπαιδευτικής Υπηρεσίας 

–  Γραφείο Επιτρόπου ∆ιοικήσεως 

–  Επιτροπή Προστασίας Ανταγωνισµού 

–  Υπηρεσία Εσωτερικού Ελέγχου 

–  Γραφείο Προγραµµατισµού 

–  Γενικό Λογιστήριο της ∆ηµοκρατίας 

–  Γραφείο Επιτρόπου Προστασίας ∆εδοµένων Προσωπικού Χαρακτήρα 

–  Γραφείο Εφόρου ∆ηµοσίων 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 ∆ασών 

–  Τµήµα Αναπτύξεως Υδάτων 

–  Τµήµα Γεωλογικής Επισκόπησης 

–  Μετεωρολογική Υπηρεσία 

–  Τµήµα Αναδασµού 

–  Υπηρεσία Μεταλλείων 

–  Ινστιτούτο Γεωργικών Ερευνών 

–  Τµήµα Αλιείας και Θαλάσσιων Ερευνών 

–  Υπουργείο ∆ικαιοσύνης και ∆ηµοσίας Τάξεως 

–  Αστυνοµία 

–  Πυροσβεστική Υπηρεσία Κύπρου 

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–  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 ∆ιοικήσεις 

–  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 

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–  Τµήµα ∆ηµόσιας ∆ιοίκησης και Προσωπικού 

–  Κυβερνητικό Τυπογραφείο 

–  Τµήµα Υπηρεσιών Πληροφορικής 

–  Υπουργείο Παιδείας και Πολιτισµού 

–  Υπουργείο Συγκοινωνιών και Έργων 

–  Τµήµα ∆ηµοσίων 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 ∆ηµόσιας Υγείας 

–  Οδοντιατρικές Υπηρεσίες 

–  Υπηρεσίες Ψυχικής Υγείας 

Latvia 

• 

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 

EN 

138 

   EN 

 
–  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) 

Lithuania 

–  Prezidentūros kanceliarija 

–  Seimo kanceliarija 

EN 

139 

   EN 

 
–  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 Vyriausybės [Government]: 

–  Ginklų fondas; 

–  Informacinės visuomenės plėtros komitetas; 

–  Kūno kultūros ir sporto departamentas; 

–  Lietuvos archyvų departamentas; 

–  Mokestinių ginčų komisija; 

EN 

140 

   EN 

 
–  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]: 

EN 

141 

   EN 

 
–  Muitinės departamentas; 

–  Valstybės dokumentų technologinės apsaugos tarnyba; 

–  Valstybinė mokesčių inspekcija; 

–  Finansų ministerijos mokymo centras. 

–  Krašto apsaugos ministerija 

–  Institutions under the Krašto apsaugos ministerijos [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 ministerijos [Ministry of Culture]: 

–  Kultūros paveldo departamentas; 

–  Valstybinė kalbos inspekcija. 

–  Socialinės apsaugos ir darbo ministerija 

–  Institutions under the Socialinės apsaugos ir darbo ministerijos [Ministry of Social Security 

and Labour]: 

–  Garantinio fondo administracija; 

–  Valstybės vaiko teisių apsaugos ir įvaikinimo tarnyba; 

–  Lietuvos darbo birža; 

–  Lietuvos darbo rinkos mokymo tarnyba; 

EN 

142 

   EN 

 
–  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 
Communications]: 

the  Susisiekimo  ministerijos 

[Ministry  of  Transport  and 

–  Lietuvos automobilių kelių direkcija; 

–  Valstybinė geležinkelio inspekcija; 

–  Valstybinė kelių transporto inspekcija; 

–  Pasienio kontrolės punktų direkcija. 

–  Sveikatos apsaugos ministerija 

–  Institutions under the Sveikatos apsaugos ministerijos [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 

EN 

143 

   EN 

 
–  Institutions under the Švietimo ir mokslo ministerijos [Ministry of Education and Science]: 

–  Nacionalinis egzaminų centras; 

–  Studijų kokybės vertinimo centras. 

–  Teisingumo ministerija 

–  Institutions under the Teisingumo ministerijos [Ministry of Justice]: 

–  Kalėjimų departamentas; 

–  Nacionalinė vartotojų teisių apsaugos taryba; 

–  Europos teisės departamentas 

–  Ūkio ministerija 

–  Įstaigos prie the Ūkio ministerijos [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 ministerijos [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; 

EN 

144 

   EN 

 
–  Informatikos ir ryšių departamentas; 

–  Migracijos departamentas; 

–  Sveikatos priežiūros tarnyba; 

–  Bendrasis pagalbos centras. 

–  Žemės ūkio ministerija 

–  Institutions under the Žemės ūkio ministerijos [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; 

EN 

145 

   EN 

 
–  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 

Luxembourg 

EN 

146 

   EN 

 
–  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 

Hungary 

–  Egészségügyi Minisztérium 

–  Földművelésügyi és Vidékfejlesztési Minisztérium 

–  Gazdasági és Közlekedési Minisztérium 

–  Honvédelmi Minisztérium 

–  Igazságügyi és Rendészeti Minisztérium 

–  Környezetvédelmi és Vízügyi Minisztérium 

–  Külügyminisztérium 

EN 

147 

   EN 

 
–  Miniszterelnöki Hivatal 

–  Oktatási és Kulturális Minisztérium 

–  Önkormányzati és Területfejlesztési Minisztérium 

–  Pénzügyminisztérium 

–  Szociális és Munkaügyi Minisztérium 

–  Központi Szolgáltatási Főigazgatóság 

Malta 

–  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) 

Netherlands 

–  Ministerie van Algemene Zaken 

–  Bestuursdepartement 

EN 

148 

   EN 

 
–  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) 

EN 

149 

   EN 

 
–  Ministerie van Economische Zaken 

–  Bestuursdepartement 

–  Centraal Planbureau (CPB) 

–  SenterNovem 

–  Staatstoezicht op de Mijnen (SodM) 

–  Nederlandse Mededingingsautoriteit (NMa) 

–  Economische Voorlichtingsdienst (EVD) 

–  Agentschap Telecom 

–  Kenniscentrum  Professioneel  & 
Overheidsopdrachtgevers (PIANOo) 

–  Regiebureau Inkoop Rijksoverheid 

–  Octrooicentrum Nederland 

–  Consumentenautoriteit 

Innovatief  Aanbesteden,  Netwerk  voor 

–  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 

EN 

150 

   EN 

 
–  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 

EN 

151 

   EN 

 
–  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 

EN 

152 

   EN 

 
–  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 

Austria 

–  Bundeskanzleramt 

–  Bundesministerium für europäische und internationale Angelegenheiten 

–  Bundesministerium für Finanzen 

–  Bundesministerium für Gesundheit, Familie und Jugend 

EN 

153 

   EN 

 
–  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 

Poland 

–  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 

–  Trybunat Konstytucyjny 

–  Najwyższa Izba Kontroli 

–  Biuro Rzecznika Praw Obywatelskich 

–  Biuro Rzecznika Praw Dziecka 

–  Biuro Ochrony Rządu 

–  Biuro Bezpieczeństwa Narodowego 

EN 

154 

   EN 

 
–  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 

EN 

155 

   EN 

 
–  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 

EN 

156 

   EN 

 
–  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 

EN 

157 

   EN 

 
–  Samodzielne Publiczne Zakłady Opieki Zdrowotnej, jeśli ich organem założycielskim jest 

minister, centralny organ administracji rządowej lub wojewoda 

Portugal 

–  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 

Romania 

–  Administraţia Prezidenţială 

–  Senatul României 

–  Camera Deputaţilor 

–  Inalta Curte de Casaţie şi Justiţie 

–  Curtea Constituţională 

EN 

158 

   EN 

 
–  Consiliul Legislativ 

–  Curtea de Conturi 

–  Consiliul Superior al Magistraturii 

–  Parchetul de pe lângă Inalta Curte de Casaţie şi Justiţie 

–  Secretariatul General al Guvernului 

–  Cancelaria primului ministru 

–  Ministerul Afacerilor Externe 

–  Ministerul Economiei şi Finanţelor 

–  Ministerul Justiţiei 

–  Ministerul Apărării 

–  Ministerul Internelor şi Reformei Administrative 

–  Ministerul Muncii, Familiei şi Egalităţii de Sanse 

–  Ministerul pentru Intreprinderi Mici şi Mijlocii, Comerţ, Turism şi Profesii Liberale 

–  Ministerul Agriculturii şi Dezvoltării Rurale 

–  Ministerul Transporturilor 

–  Ministerul Dezvoltării, Lucrărilor Publice şi Locuinţei 

–  Ministerul Educaţiei Cercetării şi Tineretului 

–  Ministerul Sănătăţii Publice 

–  Ministerul Culturii şi Cultelor 

–  Ministerul Comunicaţiilor şi Tehnologiei Informaţiei 

–  Ministerul Mediului şi Dezvoltării Durabile 

–  Serviciul Român de Informaţii 

–  Serviciul de Informaţii Externe 

–  Serviciul de Protecţie şi Pază 

–  Serviciul de Telecomunicaţii Speciale 

–  Consiliul Naţional al Audiovizualului 

–  Consiliul Concurenţei (CC) 

EN 

159 

   EN 

 
–  Direcţia Naţională Anticorupţie 

–  Inspectoratul General de Poliţie 

–  Autoritatea Naţională pentru Reglementarea şi Monitorizarea Achiziţiilor Publice 

–  Consiliul Naţional de Soluţionare a Contestaţiilor 

–  Autoritatea  Naţională  de  Reglementare  pentru  Serviciile  Comunitare  de  Utilităţi 

Publice(ANRSC) 

–  Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor 

–  Autoritatea Naţională pentru Protecţia Consumatorilor 

–  Autoritatea Navală Română 

–  Autoritatea Feroviară Română 

–  Autoritatea Rutieră Română 

–  Autoritatea Naţională pentru Protecţia Drepturilor Copilului 

–  Autoritatea Naţională pentru Persoanele cu Handicap 

–  Autoritatea Naţională pentru Turism 

–  Autoritatea Naţională pentru Restituirea Proprietăţilor 

–  Autoritatea Naţională pentru Tineret 

–  Autoritatea Naţională pentru Cercetare Stiinţifica 

–  Autoritatea Naţională pentru Reglementare în Comunicaţii şi Tehnologia Informaţiei 

–  Autoritatea Naţională pentru Serviciile Societăţii Informaţionale 

–  Autoritatea Electorală Permanente 

–  Agenţia pentru Strategii Guvernamentale 

–  Agenţia Naţională a Medicamentului 

–  Agenţia Naţională pentru Sport 

–  Agenţia Naţională pentru Ocuparea Forţei de Muncă 

–  Agenţia Naţională de Reglementare în Domeniul Energiei 

–  Agenţia Română pentru Conservarea Energiei 

–  Agenţia Naţională pentru Resurse Minerale 

–  Agenţia Română pentru Investiţii Străine 

EN 

160 

   EN 

 
–  Agenţia Naţională pentru Intreprinderi Mici şi Mijlocii şi Cooperaţie 

–  Agenţia Naţională a Funcţionarilor Publici 

–  Agenţia Naţională de Administrare Fiscală 

–  Agenţia de Compensare pentru Achiziţii de Tehnică Specială 

–  Agenţia Naţională Anti-doping 

–  Agenţia Nucleară 

–  Agenţia Naţională pentru Protecţia Familiei 

–  Agenţia Naţională pentru Egalitatea de Sanse între Bărbaţi şi Femei 

–  Agenţia Naţională pentru Protecţia Mediului 

–  Agenţia naţională Antidrog 

Slovenia 

–  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 

EN 

161 

   EN 

 
–  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 

–  General štab Slovenske vojske 

EN 

162 

   EN 

 
–  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 

EN 

163 

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–  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 

Slovakia 

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 

EN 

164 

   EN 

 
–  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 

EN 

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–  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 

Finland 

–  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 

EN 

166 

   EN 

 
–  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 

kriminaalipolitiikan 
kriminalpolitik, verksamt i anslutning till Förenta Nationerna 

instituutti  —  HEUNI  —  Europeiska 

toimiva  Euroopan 
för 
institutet 

–  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 

EN 

167 

   EN 

 
–  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 socialtrygghet 

–  Lääkelaitos — Läkemedelsverket 

–  Terveydenhuollon oikeusturvakeskus — Rättsskyddscentralen för hälsovården 

–  Säteilyturvakeskus — Strålsäkerhetscentralen 

–  Kansanterveyslaitos — Folkhälsoinstitutet 

–  Lääkehoidon 

kehittämiskeskus  ROHTO  —  Utvecklingscentralen 

för 

läkemedelsbe-handling 

EN 

168 

   EN 

 
–  Sosiaali-  ja  terveydenhuollon  tuotevalvontakeskus  —  Social-  och  hälsovårdens 

produkttill-synscentral 

–  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 

EN 

169 

   EN 

 
–  Verohallinto — Skatteförvaltningen 

–  Tullilaitos — Tullverket 

–  Tilastokeskus — Statistikcentralen 

–  Valtiontaloudellinen tutkimuskeskus — Statens ekonomiska forskiningscentral 

–  Ympäristöministeriö — Miljöministeriet 

–  Suomen ympäristökeskus — Finlands miljöcentral 

–  Asumisen  rahoitus-  ja  kehityskeskus  —  Finansierings-  och  utvecklingscentralen 

för boendet 

–  Valtiontalouden Tarkastusvirasto — Statens Revisionsverk 

Sweden 

A 

–  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 

EN 

170 

   EN 

 
B 

–  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 

C 

–  Centrala studiestödsnämnden 

D 

–  Danshögskolan 

–  Datainspektionen 

–  Departementen 

–  Domstolsverket 

–  Dramatiska institutet 

E 

–  Ekeskolan 

–  Ekobrottsmyndigheten 

EN 

171 

   EN 

 
–  Ekonomistyrningsverket 

–  Ekonomiska rådet 

–  Elsäkerhetsverket 

–  Energimarknadsinspektionen 

–  Energimyndighet, statens 

–  EU/FoU-rådet 

–  Exportkreditnämnden 

–  Exportråd, Sveriges 

F 

–  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 

EN 

172 

   EN 

 
–  Försvarets underrättelsenämnd 

–  Försvarshistoriska museer, statens 

–  Försvarshögskolan 

–  Försvarsmakten 

–  Försäkringskassan 

G 

–  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 

H 

–  Handelsflottans kultur- och fritidsråd 

–  Handelsflottans pensionsanstalt 

–  Handelssekreterare 

–  Handelskamrar, auktoriserade 

–  Handikappombudsmannen 

–  Handikappråd, statens 

–  Harpsundsnämnden 

–  Haverikommission, statens 

–  Historiska museer, statens 

–  Hjälpmedelsinstitutet 

EN 

173 

   EN 

 
–  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 

I 

–  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 

EN 

174 

   EN 

 
–  Institutionsstyrelse, statens 

–  Insättningsgarantinämnden 

–  Integrationsverket 

–  Internationella programkontoret för utbildningsområdet 

J 

–  Jordbruksverk, statens 

–  Justitiekanslern 

–  Jämställdhetsombudsmannen 

–  Jämställdhetsnämnden 

–  Järnvägar, statens 

–  Järnvägsstyrelsen 

K 

–  Kammarkollegiet 

–  Kammarrätterna 

–  Karlstads universitet 

–  Karolinska Institutet 

–  Kemikalieinspektionen 

–  Kommerskollegium 

–  Konjunkturinstitutet 

–  Konkurrensverket 

–  Konstfack 

–  Konsthögskolan 

–  Konstnärsnämnden 

–  Konstråd, statens 

–  Konsulat 

–  Konsumentverket 

–  Krigsvetenskapsakademin 

EN 

175 

   EN 

 
–  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 

L 

–  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 

EN 

176 

   EN 

 
–  Luftfartsverket 

–  Luftfartsstyrelsen 

–  Luleå tekniska universitet 

–  Lunds universitet 

–  Läkemedelsverket 

–  Läkemedelsförmånsnämnden 

–  Länsrätterna 

–  Länsstyrelserna 

–  Lärarhögskolan i Stockholm 

M 

–  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 

EN 

177 

   EN 

 
–  Myndigheten för nätverk och samarbete inom högre utbildning 

–  Myndigheten för Sveriges nätuniversitet 

–  Myndigheten för utländska investeringar i Sverige 

–  Mälardalens högskola 

N 

–  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 

O 

–  Oljekrisnämnden 

–  Ombudsmannen mot diskriminering på grund av sexuell läggning 

–  Ombudsmannen mot etnisk diskriminering 

–  Operahögskolan i Stockholm 

P 

–  Patent- och registreringsverket 

–  Patentbesvärsrätten 

–  Pensionsverk, statens 

EN 

178 

   EN 

 
–  Personregisternämnd statens, SPAR-nämnden 

–  Pliktverk, Totalförsvarets 

–  Polarforskningssekretariatet 

–  Post- och telestyrelsen 

–  Premiepensionsmyndigheten 

–  Presstödsnämnden 

R 

–  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 

EN 

179 

   EN 

 
–  Rymdstyrelsen 

–  Rådet för Europeiska socialfonden i Sverige 

–  Räddningsverk, statens 

–  Rättshjälpsmyndigheten 

–  Rättshjälpsnämnden 

–  Rättsmedicinalverket 

S 

–  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 

EN 

180 

   EN 

 
–  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 

T 

–  Taltidningsnämnden 

–  Talboks- och punktskriftsbiblioteket 

–  Teaterhögskolan i Stockholm 

–  Tingsrätterna 

EN 

181 

   EN 

 
–  Tjänstepensions och grupplivnämnd, statens 

–  Tjänsteförslagsnämnden för domstolsväsendet 

–  Totalförsvarets forskningsinstitut 

–  Totalförsvarets pliktverk 

–  Tullverket 

–  Turistdelegationen 

U 

–  Umeå universitet 

–  Ungdomsstyrelsen 

–  Uppsala universitet 

–  Utlandslönenämnd, statens 

–  Utlänningsnämnden 

–  Utrikesförvaltningens antagningsnämnd 

–  Utrikesnämnden 

–  Utsädeskontroll, statens 

V 

–  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 

EN 

182 

   EN 

 
–  Väg- och transportforskningsinstitut, statens 

–  Vägverket 

–  Vänerskolan 

–  Växjö universitet 

–  Växtsortnämnd, statens 

Å 

–  Åklagarmyndigheten 

–  Åsbackaskolan 

Ö 

–  Örebro universitet 

–  Örlogsmannasällskapet 

–  Östervångsskolan 

–  Överbefälhavaren 

–  Överklagandenämnden för högskolan 

–  Överklagandenämnden för nämndemanna-uppdrag 

–  Överklagandenämnden för studiestöd 

–  Överklagandenämnden för totalförsvaret 

United Kingdom 

–  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 

EN 

183 

   EN 

 
 
–  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 

EN 

184 

   EN 

 
–  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 

EN 

185 

   EN 

 
–  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) 

EN 

186 

   EN 

 
–  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 

EN 

187 

   EN 

 
–  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 

EN 

188 

   EN 

 
–  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 

EN 

189 

   EN 

 
–  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 

EN 

190 

   EN 

 
ANNEX II 
LIST OF THE ACTIVITIES REFERRED TO IN ARTICLE 2(8)(a) 

In  the  event  of  any  difference  of  interpretation  between  the  CPV  and  the  NACE,  the  CPV 
nomenclature will apply. 

NACE Rev. 1 (1) 

SECTION F 

CONSTRUCTION 

Division  Group  Class Subject 

Notes 

CPV 
code 

45 

Construction This division includes: 

45000000

45.1 

Site 
preparation 

45.11 Demolition 
and 
wrecking  of 
buildings; 
earth moving

— construction of new buildings and works, 
restoring and common repairs. 

45100000

This class includes: 

45110000

— demolition  of  buildings 
structures, 

and  other 

— clearing of building sites, 

— earth  moving: 
landfill, 
levelling  and  grading  of  construction  sites, 
trench digging, rock removal, blasting, etc. 

excavation, 

— site preparation for mining: 

other 
removal 
— overburden 
development  and  preparation  of  mineral 
properties and sites. 

and 

This class also includes: 

— building site drainage. 

— drainage of agricultural or forestry land. 

45.12 Test  drilling 

This class includes: 

45120000

and boring 

— test drilling, test boring and core sampling 
for  construction,  geophysical,  geological  or 
similar purposes. 

EN 

191 

   EN 

 
  
  
  
  
  
  
  
  
  
This class excludes: 

— drilling of production oil or gas wells, see 
11.20. 

— water well drilling, see 45.25, 

— shaft sinking, see 45.25, 

— oil and gas field exploration, geophysical, 
geological and seismic surveying, see 74.20. 

45.2 

Building  of 
complete 
constructions 
parts 
or 
thereof;  civil 
engineering 

45.21 General 

This class includes: 

construction 
of  buildings 
civil 
and 
engineering 
works 

— construction  of  all  types  of  buildings 
engineering 
construction 
constructions, 

civil 

of 

— bridges, 
highways, viaducts, tunnels and subways, 

those  for  elevated 

including 

— long-distance  pipelines,  communication 
and power lines, 

— urban  pipelines,  urban  communication 
and power lines, 

— ancillary urban works, 

— assembly  and  erection  of  prefabricated 
constructions on the site. 

This class excludes: 

— service activities incidental to oil and gas 
extraction, see 11.20, 

of 

— erection 
prefabricated 
constructions  from  self-manufactured  parts 
not of concrete, see divisions 20, 26 and 28, 

complete 

45200000

45210000

Except: 

-
45213316

45220000

45231000

45232000

— construction  work,  other  than  buildings, 
for stadiums, swimming pools, gymnasiums, 
tennis  courts,  golf  courses  and  other  sports 

EN 

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installations, see 45.23, 

— building installation, see 45.3, 

— building completion, see 45.4, 

— architectural  and  engineering  activities, 
see 74.20, 

— project  management  for  construction,  see 
74.20. 

45.22 Erection  of 

This class includes: 

45261000

roof 
covering  and 
frames 

45.23 Construction 
of  highways, 
roads, 
airfields  and 
sport 
facilities 

— erection of roofs, 

— roof covering, 

— waterproofing. 

This class includes: 

— construction  of  highways,  streets,  roads, 
other vehicular and pedestrian ways, 

— construction of railways, 

— construction of airfield runways, 

— construction  work,  other  than  buildings, 
for stadiums, swimming pools, gymnasiums, 
tennis  courts,  golf  courses  and  other  sports 
installations, 

45212212 
and 
DA03 

45230000

except: 

-
45231000

-
45232000

— painting of markings on road surfaces and 
car parks. 

-
45234115

This class excludes: 

— preliminary earth moving, see 45.11. 

45.24 Construction 
water 

of 
projects 

This class includes 

— construction of: 

45240000

— waterways,  harbour  and  river  works, 
pleasure ports (marinas), locks, etc., 

— dams and dykes, 

— dredging, 

EN 

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— subsurface work. 

45.25 Other 

This class includes: 

construction 
work 
involving 
special 
trades 

— construction  activities  specialising  in  one 
aspect  common 
to  different  kinds  of 
structures,  requiring  specialised  skill  or 
equipment, 

— construction  of  foundations, 
pile driving, 

including 

— water well drilling and construction, shaft 
sinking, 

— erection  of  non-self-manufactured  steel 
elements, 

— steel bending, 

— bricklaying and stone setting, 

— scaffolds  and  work  platform erecting  and 
dismantling,  including  renting  of  scaffolds 
and work platforms, 

— erection of chimneys and industrial ovens. 

This class excludes: 

— renting  of  scaffolds  without  erection  and 
dismantling, see 71.32 

45.3 

Building 
installation 

45.31 Installation 

This class includes: 

of  electrical 
wiring 
and 
fittings 

installation in buildings or other construction 
projects of: 

— electrical wiring and fittings, 

— telecommunications systems, 

— electrical heating systems, 

— residential antennas and aerials, 

— fire alarms, 

45250000

45262000

45300000

45213316

45310000

Except: 

-
45316000

EN 

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— burglar alarm systems, 

— lifts and escalators, 

— lightning conductors, etc. 

This class includes: 

45320000

other 
— installation 
construction  projects  of  thermal,  sound  or 
vibration insulation. 

buildings 

or 

in 

45.32 Insulation 
work 
activities 

This class excludes: 

— waterproofing, see 45.22. 

45.33 Plumbing 

This class includes: 

45330000

— installation 
construction projects of: 

in 

buildings 

or 

other 

— plumbing and sanitary equipment, 

— gas fittings, 

— heating,  ventilation,  refrigeration  or  air-
conditioning equipment and ducts, 

— sprinkler systems. 

This class excludes: 

— installation  of  electrical  heating  systems, 
see 45.31. 

45.34 Other 

This class includes: 

building 
installation 

— installation  of  illumination  and  signalling 
systems  for  roads,  railways,  airports  and 
harbours, 

other 
— installation 
construction  projects  of  fittings  and  fixtures 
n.e.c. 

buildings 

or 

in 

45.4 

Building 
completion 

45234115

45316000

45340000

45400000

45.41 Plastering 

This class includes: 

45410000

EN 

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   EN 

 
  
  
  
  
  
  
  
  
  
  
  
in 

buildings 

other 
— application 
construction  projects  of  interior  and  exterior 
plaster  or  stucco,  including  related  lathing 
materials. 

or 

45.42 Joinery 

This class includes: 

45420000

installation 

self-manufactured 
— installation  of  not 
doors,  windows,  door  and  window  frames, 
fitted  kitchens,  staircases,  shop  fittings  and 
the like, of wood or other materials, 

— interior  completion  such  as  ceilings, 
wooden  wall  coverings,  movable  partitions, 
etc. 

This class excludes: 

— laying  of  parquet  and  other  wood  floor 
coverings, see 45.43. 

and 

This class includes: 

45430000

— laying, 
buildings or other construction projects of: 

tiling,  hanging  or 

fitting 

in 

45.43 Floor 
wall 
covering 

—  

— ceramic,  concrete  or  cut  stone  wall  or 
floor tiles, 

— parquet  and  other  wood  floor  coverings 
carpets and linoleum floor coverings, 

— including of rubber or plastic, 

— terrazzo,  marble,  granite  or  slate  floor  or 
wall coverings, 

— wallpaper. 

45.44 Painting  and 
glazing 

This class includes: 

45440000

— interior and exterior painting of buildings, 

— painting of civil engineering structures, 

— installation of glass, mirrors, etc. 

This class excludes: 

EN 

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   EN 

 
  
  
  
  
  
  
— installation of windows, see 45.42, 

45.45 Other 

This class includes: 

building 
completion 

— installation of private swimming pools, 

45212212 
and 
DA04 

— steam  cleaning,  sand  blasting  and  similar 
activities for building exteriors, 

45450000

— other  building  completion  and  finishing 
work n.e.c. 

This class excludes: 

— interior  cleaning  of  buildings  and  other 
structures, see 74.70. 

45500000

This class excludes: 

45500000

— renting  of  construction  or  demolition 
machinery and equipment without operators, 
see 71.32. 

45.5 

Renting 
of 
construction 
or 
demolition 
equipment 
with 
operator 

45.50 Renting 

of 
construction 
or 
demolition 
equipment 
with 
operator 

(1) Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of 
economic  activities  in  the  European  Community  (OJ  L  293,  24.10.1990,  p. 1),  regulation  as 
amended by Commission Regulation (EEC) No 761/93 (OJ L 83, 3.4.1993, p. 1). 

EN 

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ANNEX III 
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 
Government  Procurement  Agreement  on  which  the  following  indicative  list  of  products  is 
based: 

Chapter 
25: 

Chapter 
26: 

Salt, sulphur, earths and stone, plastering materials, lime and cement 

Metallic ores, slag and ash 

Chapter 
27: 

Mineral  fuels,  mineral  oils  and  products  of  their  distillation,  bituminous  substances, 
mineral waxes 

except: 

ex 27.10: special engine fuels 

Chapter 
28: 

hemicals,  organic  and  inorganic  compounds  of  precious  metals,  of  rare-earth  metals,  of 
elements and of isotopes 

except: 

ex 28.09: explosives 

ex 28.13: explosives 

ex 28.14: tear gas 

ex 28.28: explosives 

ex 28.32: explosives 

ex 28.39: explosives 

ex 28.50: toxic products 

ex 28.51: toxic products 

ex 28.54: explosives 

Chapter 
29: 

Organic chemicals 

except: 

ex 29.03: explosives 

EN 

198 

   EN 

 
ex 29.04: explosives 

ex 29.07: explosives 

ex 29.08: explosives 

ex 29.11: explosives 

ex 29.12: explosives 

ex 29.13: toxic products 

ex 29.14: toxic products 

ex 29.15: toxic products 

ex 29.21: toxic products 

ex 29.22: toxic products 

ex 29.23: toxic products 

ex 29.26: explosives 

ex 29.27: toxic products 

ex 29.29: explosives 

Pharmaceutical products 

Fertilisers 

Chapter 
30: 

Chapter 
31: 

Chapter 
32: 

Tanning  and  dyeing  extracts,  tannings  and  their  derivatives,  dyes,  colours,  paints  and 
varnishes, putty, fillers and stoppings, inks 

Chapter 
33: 

Chapter 
34: 

Chapter 
35: 

Chapter 
37: 

Essential oils and resinoids, perfumery, cosmetic or toilet preparations 

Soap,  organic  surface-active  agents,  washing  preparations,  lubricating  preparations, 
artificial waxes, prepared waxes, polishing and scouring preparations, candles and similar 
articles, modelling pastes and ‘dental waxes’ 

Albuminoidal substances, glues, enzymes 

Photographic and cinematographic goods 

EN 

199 

   EN 

 
Chapter 
38: 

Chapter 
39: 

Chapter 
40: 

Chapter 
41: 

Miscellaneous chemical products, 

except: 

ex 38.19: toxic products 

Artificial resins and plastic materials, celluloses esters and ethers, articles thereof, 

except: 

ex 39.03: explosives 

Rubber, synthetic rubber, factice, and articles thereof, 

except: 

ex 40.11: bullet-proof tyres 

Raw hides and skins (other than fur skins) and leather 

Chapter 
42: 

Articles  of  leather,  saddlery  and  harness,  travel  goods,  handbags  and  similar  containers, 
articles of animal gut (other than silk-worm gut) 

Chapter 
43: 

Chapter 
44: 

Chapter 
45: 

Fur skins and artificial fur, manufactures thereof 

Wood and articles of wood, wood charcoal 

Cork and articles of cork 

Chapter 
46: 

Manufactures  of  straw  of  esparto  and  of  other plaiting  materials,  basketware  and 
wickerwork 

Chapter 
47: 

Chapter 
48: 

Paper-making material 

Paper and paperboard, articles of paper pulp, of paper or of paperboard 

Chapter 
49: 

Printed  books,  newspapers,  pictures  and  other  products  of  the  printing  industry, 
manuscripts, typescripts and plans 

Chapter 
65: 

Headgear and parts thereof 

EN 

200 

   EN 

 
Chapter 
66: 

Umbrellas, sunshades, walking-sticks, whips, riding-crops and parts thereof 

Chapter 
67: 

Prepared  feathers  and  down  and  articles  made  of  feathers  or  of  down,  artificial  flowers, 
articles of human hair 

Chapter 
68: 

Chapter 
69: 

Chapter 
70: 

Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials 

Ceramic products 

Glass and glassware 

Chapter 
71: 

Pearls,  precious  and  semi-precious  stones,  precious  metals,  rolled  precious  metals,  and 
articles thereof; imitation jewellery 

Chapter 
73: 

Chapter 
74: 

Chapter 
75: 

Chapter 
76: 

Chapter 
77: 

Chapter 
78: 

Chapter 
79: 

Chapter 
80: 

Chapter 
81: 

Iron and steel and articles thereof 

Copper and articles thereof 

Nickel and articles thereof 

Aluminium and articles thereof 

Magnesium and beryllium and articles thereof 

Lead and articles thereof 

Zinc and articles thereof 

Tin and articles thereof 

Other base metals employed in metallurgy and articles thereof 

Chapter 

Tools, implements, cutlery, spoons and forks, of base metal, parts thereof, 

EN 

201 

   EN 

 
82: 

except: 

ex 82.05: tools 

ex 82.07: tools, parts 

Chapter 
83: 

Chapter 
84: 

Miscellaneous articles of base metal 

Boilers, machinery and mechanical appliances, parts thereof, 

except: 

ex 84.06: engines 

ex 84.08: other engines 

ex 84.45: machinery 

ex 84.53: automatic data-processing machines 

ex 84.55: parts of machines under heading No 84.53 

ex 84.59: nuclear reactors 

Chapter 
85: 

Electrical machinery and equipment, parts thereof, 

except: 

ex 85.13: telecommunication equipment 

ex 85.15: transmission apparatus 

Chapter 
86: 

Railway and tramway locomotives, rolling-stock and parts thereof, railway and tramway 
tracks  fixtures  and  fittings,  traffic  signalling  equipment  of  all  kinds  (not  electrically 
powered), 

except: 

ex 86.02: armoured locomotives, electric 

ex 86.03: other armoured locomotives 

ex 86.05: armoured wagons 

ex 86.06: repair wagons 

ex 86.07: wagons 

Chapter 

Vehicles, other than railway or tramway rolling-stock, and parts thereof, 

EN 

202 

   EN 

 
87: 

except: 

ex 87.08: tanks and other armoured vehicles 

ex 87.01: tractors 

ex 87.02: military vehicles 

ex 87.03: breakdown lorries 

ex 87.09: motorcycles 

ex 87.14: trailers 

Chapter 
89: 

Ships, boats and floating structures, 

except: 

ex 89.01A: warships 

Chapter 
90: 

Optical,  photographic,  cinematographic,  measuring,  checking,  precision,  medical  and 
surgical instruments and apparatus, parts thereof, 

except: 

ex 90.05: binoculars 

ex 90.13: miscellaneous instruments, lasers 

ex 90.14: telemeters 

ex 90.28: electrical and electronic measuring instruments 

ex 90.11: microscopes 

ex 90.17: medical instruments 

ex 90.18: mechano-therapy appliances 

ex 90.19: orthopaedic appliances 

ex 90.20: X-ray apparatus 

Chapter 
91: 

Manufacture of watches and clocks 

Chapter 
92: 

Musical  instruments,  sound  recorders  or  reproducers,  television  image  and  sound 
recorders or reproducers, parts and accessories of such articles 

Chapter 

Furniture  and  parts  thereof,  bedding,  mattresses,  mattress supports,  cushions  and  similar 

EN 

203 

   EN 

 
94: 

stuffed furnishings, 

except: 

ex 94.01A: aircraft seats 

Chapter 
95: 

Chapter 
96: 

Chapter 
98: 

Articles and manufactures of carving or moulding material 

Brooms, brushes, powder-puffs and sieves 

Miscellaneous manufactured articles 

EN 

204 

   EN 

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

Devices for the electronic receipt of tenders, requests for participation and plans and projects 
in contests must at least guarantee, through technical means and appropriate procedures, that: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

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; 

where  that  access  prohibition  is  infringed,  it  may  be  reasonably  ensured  that  the 
infringement is clearly detectable; 

only authorised persons may set or change the dates for opening data received; 

during the different stages of the procurement procedure or of the contest access to 
all  data  submitted,  or  to  part  thereof,  must  be  possible  only  through  simultaneous 
action by authorised persons; 

simultaneous action by authorised persons must give access to data transmitted 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, and 

(h) 

authentication of tenders must conform to the requirements set out in this Annex. 

EN 

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ANNEX V 
LIST OF INTERNATIONAL AGREEMENTS REFERRED TO IN ARTICLE 23  

Agreements with the following countries or groupings of countries: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Albania (OJ L 107, 28.4.2009) 

Former Yugoslav Republic of Macedonia (OJ L 87, 20.03.2004) 

CARIFOUM (OJ L 289, 30.10.2008) 

Chile (OJ L352, 30.12.2002) 

Croatia (OJ L 26, 28.1.2005) 

Mexico (OJ L 276, 28.10.2000, L 157/30.6.2000) 

Montenegro (OJ L 345 of 28.12.2007) 

South Korea - (OJ L 127/14.5.2011) 

Switzerland (OJ L 300, 31/12/1972) 

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ANNEX VI 
INFORMATION 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 
(as referred to in Article 46(1)) 

1. 

2. 

3. 

4. 

5. 

6. 

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 involved. 

CPV Nomenclature reference No(s). 

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 B 
INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES 
(as referred to in Article 46) 

I. INFORMATION TO BE INCLUDED IN ALL CASES 

1. 

2. 

3. 

4. 

5. 

6. 

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 specifications and any supporting documents 
will be available for unrestricted and full direct access, free of charge. 

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 involved. 

CPV  Nomenclature  reference  No(s);  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.  

EN 

207 

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7. 

8. 

9. 

10. 

11. 

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 Agreement. 

II. ADDITIONAL INFORMATION TO BE SUPPLIED WHERE THE NOTICE IS USED AS A 

MEANS OF CALLING FOR COMPETITION (ARTICLE 46(2)) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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  or  competitive  procedures  with  negotiation, 
dynamic purchasing system, competitive dialogue or innovation partnership). 

Where appropriate, indication whether: 

(a) 

a framework agreement is involved, 

(b) 

a dynamic purchasing system is involved. 

As  far  as  already  known,  time-frame  for  delivery  or  provision  of  goods,  works  or 
services and duration of the contract. 

As far as already known, conditions for participation, including: 

(a)  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, 

(b)  where appropriate, indication whether the execution of the service is reserved 
by law, regulation or administrative provision to a particular profession, 

(c)  brief description of selection criteria. 

As  far  as  already  known,  brief  description  of  criteria  to  be  used  for  award  of  the 
contract: ‘lowest cost’ or ‘most economically advantageous tender’. 

As far  as  already  known, estimated total  value of  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. 

10. 

Language or languages authorised for the presentation of candidatures or tenders. 

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11. 

Where appropriate, indication whether: 

(a)  E-submission of tenders or requests to participate will be required/accepted, 

(b)  E-ordering will be used, 

(c)  E-invoicing will be used, 

(d)  E-payment will be accepted. 

12. 

13. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Information whether the contract is related to a project and /or programme financed 
by European Union funds. 

Name  and  address  of  the  oversight  body  and  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 C 
INFORMATION TO BE INCLUDED IN CONTRACT NOTICES 
(as referred to in Article 47) 

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 specifications and any supporting documents 
will be available for unrestricted and full direct access, free of charge. 

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  Nomenclature  reference  No(s);  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  value  of  contract(s);  where  the  contract  is  divided  into  lots,  this 
information shall be provided for each lot. 

Admission or prohibition of variants. 

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10. 

Time-frame  for  delivery  or  provision  of  supplies,  works  or  services  and,  as  far  as 
possible, duration of the contract. 

(a) 

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 and frequency of 
contracts  to  be  awarded,  number  and,  where  appropriate,  proposed  maximum 
number of economic operators to participate. 

(b) 

In the case of a dynamic purchasing system, indication of the planned duration 
of the system; as far as possible, indication of value and frequency of contracts 
to be awarded. 

11. 

Conditions for participation, including: 

(a)  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, 

(b)  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, 

(c) 

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). 

12. 

Type  of  award  procedure;  where  appropriate,  reasons  for  use  of  an  accelerated 
procedure (in open, restricted and competitive procedure with negotiation); 

13. 

Where appropriate, indication whether: 

(a) 

a framework agreement is involved, 

(b) 

a dynamic purchasing system is involved, 

(c) 

an electronic auction is involved (in the event of open, restricted or competitive 
procedures with negotiation). 

14. 

15. 

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 therefore. 

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. 

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16. 

17. 

18. 

19. 

20. 

21. 

22. 

23. 

24. 

25. 

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  ‘lowest  cost’  or  ‘most 
economically  advantageous  tender’.  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 where tenders or requests to participate shall be transmitted. 

In the case of open procedures: 

(a) 

time frame during which the tenderer must maintain its tender, 

(b)  date, time and place for the opening of tenders, 

(c)  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: 

(a)  E-submission of tenders or requests to participate will be accepted, 

(b)  E-ordering will be used, 

(c)  E-invoicing will be accepted, 

(d)  E-payment will be used. 

Information  whether the contract is related to a project and/or  programme  financed 
by European Union funds. 

Name  and  address  of  the  oversight  body  and  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. 

26. 

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. 

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27. 

28. 

29. 

30. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

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 Agreement. 

Any other relevant information. 

PART D 
INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES 
(as referred to in Article 48) 

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 Nomenclature reference No(s). 

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 (Article 30), justification. 

Where appropriate, indication whether: 

(a) 

a framework agreement was involved, 

(b) 

a dynamic purchasing system was involved. 

Criteria  referred  to  in  Article  66  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,  restricted  or  competitive  procedures  with 
negotiation). 

Date of contract award decision or decisions; 

Number of tenders received with respect of each award, including:  

(a)  number  of  tenders  received  from  economic  operators  which  are  small  and 

medium enterprises, 

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(b)  number of tenders received from abroad, 

(c)  number of tenders received electronically. 

12. 

For each award, name, address including NUTS code, telephone, fax number, email 
address and internet address of the successful tenderer(s) including 

(a) 

information whether the successful tenderer is small and medium enterprise, 

(b) 

information whether the contract was awarded to a consortium. 

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 European 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) advertised in this notice. 

Date of dispatch of the notice. 

Any other relevant information. 

PART E 
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 specifications and any supporting documents 
will be available for unrestricted and full direct access, free of charge. 

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  Nomenclature  reference  No(s);  where  the  contract  is  divided  into  lots,  this 
information shall be provided for each lot.  

13. 

14. 

15. 

16. 

17. 

18. 

19. 

1. 

2. 

3. 

4. 

5. 

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6. 

7. 

8. 

9. 

Description of the principal characteristics of the project. 

Number and value of any prizes. 

Type of contest (open or restricted). 

In the event of an open contest, time limit for the submission of projects. 

10. 

In the event of a restricted contest: 

(a)  number of participants contemplated, 

(b)  names of the participants already selected, if any, 

(c) 

criteria for the selection of participants, 

(d) 

time limit for requests to participate. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

1. 

2. 

3. 

4. 

Where  appropriate,  indication  that  the  participation  is  restricted  to  a  specified 
profession. 

Criteria to be applied in the evaluation of the projects. 

Names of any members of the jury who have already been selected. 

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 contest will or will not be awarded to 
the winner or winners of the contest. 

Date of dispatch of the notice. 

Any other relevant information. 

PART F 
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 Nomenclature reference No(s). 

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5. 

6. 

7. 

8. 

9. 

Description of the principal characteristics of the project. 

Value of the prizes. 

Type of contest (open or restricted). 

Criteria which were applied in the evaluation of the projects. 

Date of the jury decision. 

10. 

Number of participants. 

(a)  Number of participants who are small and medium enterprises. 

(b)  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. 

11. 

12. 

13. 

14. 

15. 

PART G 
INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A 
CONTRACT DURING ITS TERM 
(as referred to in Article 72(6)) 

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 Nomenclature reference No(s); 

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. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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8. 

9. 

10. 

11. 

12. 

13. 

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

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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. 

Where  appropriate,  email  or  internet  address  at  which  the  specifications  and  any 
supporting documents will be available. 

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  Nomenclature  reference  No(s);  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 or NUTS code for the 
main place of delivery or performance in case of supplies and services  

Description of the services and where applicable, incidental works and supplies to be 
procured 

Estimated  total  value  of  contract(s);  where  the  contract  is  divided  into  lots,  this 
information shall be provided for each lot. 

Conditions for participation, including 

EN 

216 

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(a)  where  appropriate,  indication  whether  the  contract  is  restricted  to  sheltered 
workshops, or whether its execution is restricted to the framework of protected 
job programmes, 

(b)  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. 

Any other relevant information. 

10. 

11. 

12. 

PART I 
INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES 
CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES 
(as referred to in Article 75(2)) 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

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  Nomenclature  reference  No(s);  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 or NUTS code for the 
main place of delivery or performance in case of supplies and services ; 

Brief description of the services, and where applicable, incidental works and supplies 
procured. 

Number of tenders received. 

Price or range of prices (maximum/minimum) paid. 

For each award, name, address including NUTS code, telephone, fax number, email 
address and internet address of the successful economic operator or operators. 

10. 

Any other relevant information. 

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ANNEX VII 
INFORMATION TO BE INCLUDED IN THE SPECIFICATIONS IN ELECTRONIC 
AUCTIONS  
(Article 33(4)) 

The specifications to be used where contracting authorities have decided to hold an electronic 
auction shall include at least the following details: 

(a) 

(b) 

(c) 

 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; 

(d) 

the relevant information concerning the electronic auction process; 

(e) 

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; 

(f) 

the  relevant  information  concerning  the  electronic  equipment  used  and  the 
arrangements and technical specifications for connection. 

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ANNEX VIII 
DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS 

For the purposes of this Directive:  

(1) 

"technical specification" means one of the following: 

(a) 

(b) 

in 

in  particular 

the  procurement  documents,  defining 

in the case of public works contracts the totality of the technical prescriptions 
the 
contained 
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; 

(2) 

"standard"  means  a  technical  specification  approved  by  a  recognised  standardising 
body  for  repeated  or  continuous  application,  compliance  with  which  is  not 
compulsory and which falls into one of the following categories: 

(a) 

international  standard:  a  standard  adopted  by  an  international  standards 
organisation and made available to the general public, 

(b)  European  standard:  a  standard  adopted  by  a  European  standards  organisation 

and made available to the general public, 

(c)  national standard: a standard adopted by a national standards organisation and 

made available to the general public; 

(3) 

"European technical approval" means a favourable technical assessment of the fitness 
for use of a product for a particular purpose, based on the fulfilment of the essential 
requirements  for  building  works,  by  means  of  the  inherent  characteristics  of  the 
product  and  the  defined  conditions  of  application  and  use.  European  technical 

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approvals are issued by an approval body designated for this purpose by the Member 
State; 

(4) 

"Common  technical  specification"  means  a  technical  specification  laid  down  in 
accordance with a procedure recognised by the Member States or in accordance with 
Articles  9  and  10  of  Parliament  and  Council  Regulation  [XXX]  on  European 
standardisation  [and  amending  Council  Directives  89/686/EEC  and  93/15/EEC  and 
Directives  94/9/EC,  94/25/EC,  95/16/EC,  97/23/EC,  98/34/EC,  2004/22/EC, 
2007/23/EC,  2009/105/EC  and  2009/23/EC  of  the  European  Parliament  and  the 
Council] which has been published in the Official Journal of the European Union; 

(5) 

"Technical reference" means any deliverable produced by European standardisation 
bodies,  other  than  European  standards,  according  to  procedures  adapted  to  the 
development of market needs. 

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ANNEX IX 
FEATURES CONCERNING PUBLICATION 

1. 

Publication of notices 

The  notices  referred  to in  Articles 46,  47,  48,  75  and  79  must  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  46,  47,  48,  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 46(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  will  give  the  contracting  authority 
the confirmation referred to in Article 49(5), second subparagraph. 

2. 

Publication of complementary or additional information 

(a)  Contracting  authorities  shall  publish  the  specifications  and  the  additional 

documents in their entirety on the Internet. 

(b)  The  buyer  profile  may  include  prior  information  notices  as  referred  to  in 
Article  46(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. 

3. 

Format and procedures for sending notices electronically 

The  format  and  procedure  for  sending  notices  electronically  as  established  by  the 
Commission are made accessible at the Internet address ‘http://simap.europa.eu’. 

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ANNEX X 
CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, PARTICIPATE IN 
THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER 
ARTICLE 52 

1. 

The invitation to submit a tender or to participate in the dialogue provided for under 
Article 52 must contain at least: 

(a) 

a reference to the call for competition published; 

(b) 

(c) 

(d) 

(e) 

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 61 or to supplement the information 
referred to in those Articles, and under the conditions laid down in Articles 59, 
60 and 61; 

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 
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. 

This invitation shall include at least the following information: 

(a)  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; 

(b) 

type of procedure: restricted or competitive procedure with negotiation; 

(c)  where appropriate, the date on which the delivery of supplies or the execution 

of works or services is to commence or terminate; 

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(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

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  entity  which  is  to  award  the  contract  and  the  information 
necessary for obtaining the specifications and other documents; 

economic  and  technical  conditions,  financial  guarantees  and  information 
required from economic operators; 

the  amount  and  payment  procedures  for  any  sum  payable  for  obtaining 
procurement documents; 

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  specifications  or  in  the  invitation  to  tender  or  to 
negotiate. 

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ANNEX XI  
LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS 
REFERRED TO IN ARTICLES 54(2), 55(3)(a) AND 69(4)  

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Convention  87  on  Freedom  of  Association  and  the  Protection  of  the  Right  to 
Organise; 

Convention 98 on the Right to Organise and Collective Bargaining; 

Convention 29 on Forced Labour; 

Convention 105 on the Abolition of Forced Labour; 

Convention 138 on Minimum Age; 

Convention 111 on Discrimination (Employment and Occupation); 

Convention 100 on Equal Remuneration; 

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, 10/09/1998 and its 3 regional Protocols. 

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ANNEX XII 
REGISTERS46 

The relevant professional  and trade registers and corresponding declarations and certificates 
for each Member State are: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

46 

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 "Erhvervs- og Selskabsstyrelsen"; 

in Germany, the "Handelsregister", the "Handwerksrolle", and, in the case of service 
the 
the 
"Vereinsregister", 
contracts, 
"Mitgliedsverzeichnisse der Berufskammern der Länder";  

"Partnerschaftsregister" 

and 

the 

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.∆.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  Italy,  the  "Registro  della  Camera  di  commercio,  industria,  agricoltura  e 
artigianato"; in the case of supplies and services contracts also the "Registro delle 

For the purposes of Article 56(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. 

EN 

225 

   EN 

 
                                                 
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 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 Εγγραφήςκαι 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 
ΕπίσηµοςΠαραλήπτης)  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 Comerţului"; 

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"; 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

EN 

226 

   EN 

 
– 

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.  

EN 

227 

   EN 

 
ANNEX XIII 
CONTENT OF EUROPEAN PROCUREMENT PASSPORT 

The European Procurement Passport contains the following particulars: 

(a) 

Identification of the economic operator; 

(b)  Certification  that  the  economic  operator  has  not  been  the  subject  of  a 
conviction by final judgment for one of the reasons listed in Article 55(1); 

(c)  Certification  that  the  economic  operator  is  not  the  subject  of  insolvency  or 

winding-up proceedings as referred to in Article 55(3)(b) ; 

(d)  Where applicable, certification of enrolment in a professional or trade register 
prescribed  in  the  Member  State  of  establishment,  as  referred  to  in  Article 
56(2); 

(e)  Where  applicable,  certification  that  the  economic  operator  possesses  a 
particular  authorisation  or  is  member  of  a  particular  organisation  within  the 
meaning of Article 56(2); 

(f) 

Indication of the period of validity of the Passport, which shall be not less than 
6 months. 

EN 

228 

   EN 

 
ANNEX XIV 
MEANS OF PROOF OF SELECTION CRITERIA 

Part I: 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: 

(a) 

(b) 

(c) 

appropriate  statements  from  banks  or,  where  appropriate,  evidence  of  relevant 
professional risk indemnity insurance; 

the  presentation  of  balance-sheets  or  extracts  from  the  balance-sheets,  where 
publication of the balance-sheet 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: Technical ability 

Means  providing  evidence  of  the  economic  operators’  technical  abilities,  as  referred  to  in 
Article 56: 

(a) 

the following lists: 

(i) 

(ii) 

a list of the works carried out over at the most the past five years, accompanied 
by  certificates  of  satisfactory  execution  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; 

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 

(b) 

(c) 

(d) 

EN 

229 

   EN 

 
 
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; 

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; 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

with regard to the products to be supplied: 

(i) 

(ii) 

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 specifications or standards. 

EN 

230 

   EN 

 
ANNEX XV 
LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 67(3) 

Directive 2009/33/EC47 

47 

OJ L 120, 15.5.2009, p. 5. 

EN 

231 

   EN 

 
                                                 
ANNEX XVI 
SERVICES REFERRED TO IN ARTICLE 74 

CPV Code 

79611000-0 and 

Description 

Health and social services 

from 85000000-9 to 85323000-9 

(except 85321000-5 and 85322000-2) 

to  80660000-8 

75121000-0,  75122000-7,  75124000-1;  from 
79995000-5  to  79995200-7;  from  80100000-
5 
(except  80533000-9, 
80533100-0,  80533200-1);  from  92000000-1 
92230000-2, 
92700000-8 
to 
92231000-9, 92232000-6) 

(except 

Administrative  educational,  healthcare  and 
cultural services 

75300000-9 

Compulsory social security services 

75310000-2, 75311000-9, 75312000-6, 

Benefit services 

75313000-3, 75313100-4, 75314000-0, 

75320000-5, 75330000-8, 75340000-1 

98000000-3 

98120000-0 

98131000-0 

Other  community, 
services 

social  and  personal 

Services furnished by trade unions 

Religious services 

EN 

232 

   EN 

 
 
ANNEX XVII 
CORRELATION TABLE48 

This Directive  

Directive 2004/18/EC 

Art. 1 

Art. 2, point (1) 

new 

9, 

1st 

= 

1, 

Art. 
subparagraph 

par. 

Art. 2, point (2) 

Art. 7, point (a) 

adapted 

Art. 2, point (3) 

Art. 2, point (4) 

Art. 2, point (5) 

Art. 2, point (6) (a), 1st part 

Art. 2, point (6) (a), 2nd part 

Art. 2, point (6) (b) 

Art. 2, point (6) (c) 

new 

new 

new 

2nd 

= 

new 

2nd 

= 

2nd 

= 

1, 

Art. 
subparagraph, point (a)  

par. 

9, 

1, 

Art. 
subparagraph, point (b) 

par. 

9, 

1, 

Art. 
subparagraph, point (c) 

par. 

9, 

Art. 2, point (7) 

Art. 1, par. 2, point (a) 

= 

Art. 2, point (8) 

Art. 2 point (9) 

Art.  1,  par.  2,  point  (b),  1st 
sentence 

amended 

Art. 1, par. 2, point (b), 2nd 
sentence 

= 

Art. 2, point (10) 

Art. 1, par. 2, point (c) 

adapted 

Art. 2, point (11) 

Art. 1, par. 2, point (d) 

amended 

Art. 2, point (12) 

Art. 2, point (13) 

1, 

Art. 
subparagraph 

par. 

1, 

Art. 
subparagraph 

par. 

8, 

2nd 

adapted 

8, 

3rd 

adapted 

Art. 2, point (14) 

Art. 

1, 

par. 

8, 

3rd  amended 

48 

"Adapted" means that the wording of the text was changed, while the meaning of the repealed directives was preserved. Changes to the 
meaning of the provisions of the repealed directive are indicated by the term "amended". 

EN 

233 

   EN 

 
 
 
 
 
 
 
                                                 
subparagraph 

Art. 2, point (15) 

Art. 23, par. 1 

Art. 2, point (16) 

Art. 1, par. 10 

Art. 2, point (17) 

amended 

amended 

new 

Art. 2, point (18) 

Art. 1, par. 10 

amended 

Art. 2, point (19) 

Art. 2, point (20) 

Art. 1, par. 12 

Art. 2, point (21) 

Art. 1, par. 13 

Art. 2, point (22) 

new 

= 

= 

new 

Art. 2, point (23) 

Art. 1, par. 11, point (e) 

= 

Art. 3, par. 1, 1st subparagraph 

new 

3, 

Art. 
subparagraph 

par. 

Art. 3, par. 2 

Art. 4  

Art. 5, par. 1 

Art. 5, par. 2 

Art. 5, par. 3 

Art. 5, par. 4 

Art. 5, par. 5 

Art. 5, par. 6 

Art. 5, par. 7 

Art. 5, par. 8 

Art. 5, par 9 

1, 

2nd 

Art. 1, par. 2, point (d) 

amended 

Art. 7, 67 

Art. 9, par. 1 

Art. 9, par. 3, Art. 9 par. 7, 
2nd subparagraph,  

Art. 9, par. 2 

Art. 9, par. 9 

new 

amended 

adapted 

amended 

amended 

= 

new 

Art. 9, par. 4 

amended 

Art.  9,  par.  5,  point  (a),  1st 
and 2nd subparagraph 

Art.  9,  par.  5,  point  (b),  1st 
and 2nd subparagraph 

= 

= 

Art.  9,  par.  5,  point  (a),  3rd 
subparagraph 

adapted 

Art. 9, par. 5, point (b), 3rd 

EN 

234 

   EN 

 
 
 
 
 
 
 
Art. 5, par. 10 

Art. 5, par. 11 

Art. 5, par. 12 

Art. 5, par. 13 

Art. 6  

Art. 7 

Art. 8, 1st subparagraph 

subparagraph 

Art. 9, par. 7 

Art. 9, par. 6 

Art. 9, par. 8, point (a) 

Art. 9, par. 8, point (b) 

= 

= 

= 

= 

Art.  78,  Art.  79,  par.  2, 
point (a) 

adapted 

Art. 12 

Art. 13 

Art. 8, 2nd subparagraph 

Art. 1, par. 15 

Art. 9, point (a) 

Art. 15, point (a) 

Art. 9, point (b) 

Art. 15, point (b) 

Art. 9, point (c) 

Art. 15, point (c) 

Art. 9, point (d) 

Art. 10, point (a) 

Art. 16, point (a) 

Art. 10, point (b) 

Art. 16, point (b) 

adapted 

Art. 10, point (c) 

Art. 16, point (c) 

= 

Art. 10, point (d) 

Art. 16, point (d) 

amended 

Art. 10, point (e) 

Art. 16, point (e) 

Art. 10, point (f) 

Art. 11 

Art. 12 

Art. 13, par. 1 

Art. 13, par 2. 

Art. 14 

Art. 15 

Art. 8 

Art. 16, point (f) 

Art. 10 

Art. 2 

Art. 79, par. 2, point (f) 

adapted 

amended 

amended 

amended 

adapted 

= 

= 

new 

= 

= 

new 

new 

adapted 

adapted 

amended 

amended 

adapted 

Art. 16, par. 1 

Art. 4, par. 1 

EN 

235 

   EN 

 
 
 
 
Art. 16, par. 2 

Art. 4, par. 2 

Art. 19 

Art. 6 

amended 

amended 

adapted 

new 

Art. 17 

Art. 18, par. 1 

Art. 18, par. 2 

Art. 19, par. 1 

Art. 19, par. 2 

19, 

Art. 
subparagraph 

19, 

Art. 
subparagraph 

19, 

Art. 
subparagraph 

Art. 19, par. 4 

Art. 19, par. 5 

Art. 19, par. 6 

Art. 19, par. 7 

Art. 19, par. 8 

Art. 20, par. 1 

Art. 20, par. 2 

Art. 21 

Art. 22 

Art. 23, par. 1 

Art. 23, par. 2 

Art. 24 

Art. 25, par. 1 

Art. 42, par. 1, Art. 71, par. 
1 

amended 

Art.  42,  par.  2  and  3,  Art. 
71 par. 1 

adapted 

par. 

3, 

1st 

Art. 42, par. 4, Art. 71 par. 
1 

amended 

par. 

3, 

2nd 

Art. 79, par. 2, point (g) 

= 

par. 

3, 

3rd 

new 

new 

Art. 42, par. 5, Art. 71 par. 
3 

amended 

Art. 42, par. 6 

adapted 

Art. 1, par. 14 

Art.  79,  par.  2  points  (e) 
and (f) 

Art. 5 

new 

new 

adapted 

adapted 

new 

new 

amended 

new 

Art. 28, Art. 30 par. 1 

amended 

Art.  38,  par.  2,  Art.  1  par. 
11 point (a) 

amended 

EN 

236 

   EN 

 
 
 
 
 
 
 
 
 
Art. 25, par. 2 

Art. 25, par. 3 

Art. 25, par. 4 

Art. 26, par. 1 

Art. 26, par. 2 

Art. 26, par. 3 

Art. 26, par. 4 

Art. 26, par. 5 

Art. 26, par. 6 

Art. 27, par. 1 

Art. 27, par. 2 

Art. 27, par. 3 

Art. 27, par. 4 

Art. 27, par. 5 

Art. 27, par. 6 

Art. 28, par. 1 

Art. 28, par. 2 

Art. 28, par. 3 

Art. 28, par. 4 

Art. 28, par. 5 

Art. 28, par. 6 

Art. 28, par. 7 

Art. 28, par. 8 

Art. 29 

Art. 38, par. 4 

amended 

[see Art. 38, par. 8] 

new 

new 

Art.  38,  par.  3,  Art.  1  par. 
11 point (b) 

amended 

Art. 38, par. 3 

Art. 38, par. 4 

amended 

amended 

new 

new 

Art. 38, par. 8 

amended 

new 

Art. 1 par. 11 point (d) 

amended 

Art. 30, par. 2 

Art. 30, par. 3 

Art. 30, par. 4 

Art. 30, par. 2 

Art.  38,  par.  3;  Art.  1  par. 
11 point (c) 

amended 

amended 

adapted 

amended 

amended 

Art. 29, par. 2, Art. 29 par. 
7 

adapted 

Art.  29,  par.  3;  Art.  1  par. 
11 point (c) 

amended 

Art. 29, par. 4 

Art. 29, par. 5 

Art. 29, par. 6 

Art. 29, par. 7 

Art. 29, par. 8 

adapted 

adapted 

amended 

amended 

= 

new 

EN 

237 

   EN 

 
 
 
 
 
 
Art. 30, par. 1 

Art. 31, 1st sentence 

30, 

Art. 
2, 
subparagraph, point (a) 

par. 

1st 

Art. 31, point (1) (a) 

amended 

amended 

30, 

Art. 
2, 
subparagraph, point (b) 

par. 

30, 

2, 
Art. 
subparagraph, point (c) 

par. 

30, 

Art. 
2, 
subparagraph, point (d) 

par. 

1st 

Art. 31, point (1) (b) 

amended 

1st 

Art. 31, point (1) (b) 

amended 

1st 

Art. 31, point (1) (c) 

adapted 

Art.  30,  par.  2,  2nd  –  4th 
subparagraph 

Art. 30, par. 3, point (a) 

Art. 31, point (2) (a) 

Art. 30, par. 3, point (b) 

Art. 31, point (2) (b) 

new 

= 

= 

Art. 30, par. 3, point (c) 

Art. 31, point (2) (c) 

amended 

Art. 30, par. 3, point (d) 

Art. 31, point (2) (d) 

adapted 

Art. 30, par. 4 

Art. 30, par. 5 

Art. 31, par. 1 

Art. 31, par. 2 

Art. 31, par. 3 

Art. 31, par. 4 

Art. 31, par. 5 

Art. 32, par. 1 

Art. 32, par. 2 

Art. 32, par. 3 

Art. 32, par. 4 

Art. 32, par. 5 

Art. 32, par. 6 

Art. 31, point (3) 

adapted 

Art. 31, point (4) (b) 

adapted 

Art. 32, par. 1, Art. 1, par. 5 amended 

Art. 32, par. 2 

adapted 

Art. 32, par. 3 

= 

Art. 32, par. 4 

Art. 32, par. 4 

adapted 

adapted 

Art. 33, par. 1; Art. 1, par. 6 amended 

Art. 33, par. 2 

Art. 33, par. 3 

Art. 33, par. 4 

Art. 33, par. 6 

amended 

adapted 

amended 

amended 

new 

EN 

238 

   EN 

 
 
 
Art. 32, par. 7 

Art. 33, par. 1 

Art. 33, par. 2 

Art. 33, par. 3 

Art. 33, par. 4 

Art. 33, par. 5 

Art. 33, par. 6 

Art. 33, par. 7 

Art. 33, par. 8 

Art. 33, par. 9 

Art. 34 

Art. 35, par. 1 

Art. 35, par. 2 

Art. 35, par. 3 

Art. 35, par. 4 

Art. 35, par. 5 

Art. 35, par. 6 

Art. 36 

Art. 37 

Art. 38 

Art. 39, par. 1 

Art. 39, par. 2 

Art. 40, par. 1 

Art. 40, par. 2 

Art. 40, par. 3 

EN 

Art. 
3rdsubparagraph  

33, 

par. 

7, 

= 

Art. 54, par. 1; Art. 1, par. 7 amended 

Art. 54, par. 2 

adapted 

54, 

Art. 
subparagraph 

par. 

2, 

3rd 

adapted 

Art. 54, par. 3 

Art. 54, par. 4 

Art. 54, par. 5 

adapted 

adapted 

adapted 

Art. 54, par. 6 

= 

Art. 54, par. 7 

adapted 

54, 

Art. 
subparagraph 

par. 

8, 

1st 

= 

new 

Art. 11, par. 1 

amended 

new 

Art. 11, par. 2 

amended 

new 

Art. 11, par. 2 

amended 

new 

new 

new 

new 

amended 

new 

amended 

adapted 

adapted 

Recital (8) 

Art. 23, par. 1 

Art. 23, par. 2 

Art. 23, par. 3 

239 

   EN 

 
 
 
 
 
 
 
 
 
Art. 40, par. 4 

Art. 40, par. 5 

Art. 40, par. 6 

Art. 41, par. 1 

Art. 41, par. 2 

Art. 41, par. 3 

Art. 42, par. 1 

Art. 42, par. 2 

Art. 42, par. 3 

Art. 42, par. 4 

Art. 43, par. 1 

Art. 43, par. 2 

Art. 43, par. 3 

Art. 44 

Art. 45, par. 1 

Art. 45, par. 2 

Art. 46, par. 1 

Art. 46, par. 2 

Art. 47 

Art. 48 

Art. 49, par. 1 

Art. 49, par. 2 

Art. 49, par. 3 

Art. 49, par. 4 

Art. 49, par. 5 

Art. 23, par. 8 

= 

Art. 23, par. 4 

Art. 23, par. 5 

Art. 23, par. 6 

Art. 23, par. 6 

adapted 

amended 

amended 

adapted 

new 

Art. 23, par. 4, 5, 6, 7 

amended 

Art. 23, par. 4, 5, 6 

amended 

Art. 23, par. 7 

adapted 

new 

Art. 24, par. 1 and 2 

amended 

Art. 24, par. 3 

Art. 24, par. 4 

Art. 38, par. 1 

Art. 38, par. 7 

Art. 35, par. 1 

adapted 

adapted 

new 

adapted 

amended 

adapted 

new 

Art. 35, par. 2; Art. 36, par. 
1 

adapted 

Art. 35, par. 4 

Art. 36, par. 1, Art. 79, par. 
1, point (a) 

amended 

amended 

Art. 36, par. 2, 3 and par. 4, 
2nd subpar. 

amended 

Art. 36, par. 4 

adapted 

new 

Art. 36, par. 7 and 8 

Amended 

EN 

240 

   EN 

 
 
 
 
 
 
Art. 49, par. 6 

Art. 50, par. 1 

Art. 50, par. 2 and 3 

Art. 51 

Art. 52 

Art. 53, par. 1 

Art. 53, par. 2 

Art. 53, par. 3 

Art. 54, par. 1 

Art. 54, par. 2 

Art. 54, par. 3 

Art. 54, par. 4 

Art. 37 

amended 

Art. 36, par. 5, 1st subpar. 

amended 

Art.  36,  par.  5,  2nd  &  3rd 
subpar. 

adapted 

Art. 38, par. 6, Art. 39, par. 
2 

amended 

Art. 40, par. 1, 2 

Art. 41, par. 1 

Art. 41, par. 2  

adapted 

adapted 

adapted 

Art. 41, par. 3 

= 

Art. 44, par 1 

adapted 

new 

new 

new 

Art. 55, par. 1,  

Art. 45, par. 1 

amended 

Art. 55, par. 2 

Art. 55 par. 3 

Art. 55, par. 4 

Art. 45, par. 2 (e), (f) 

amended 

Art. 45, par. 2 

amended 

Art. 55, par. 5 and 6 

Art. 45, par. 4 

Art. 44, par. 1, 2 

Art. 46 

Art. 47 

Art. 48 

Art. 44, par. 2 

Art. 56, par. 1 

Art. 56, par. 2 

Art. 56, par. 3 

Art. 56, par. 4 

Art. 56, par. 5 

Art. 57 

Art. 58 

Art. 59 

new 

amended 

amended 

adapted 

amended 

amended 

adapted 

new 

new 

new 

EN 

241 

   EN 

 
 
 
 
 
 
 
 
Art. 60, par. 1 

Art. 60, par. 2 

Art. 60, par. 3 

Art. 60, par. 4 

Art. 61, par. 1 

Art. 61, par. 2 

Art. 61, par. 3 

Art. 62, par. 1 

Art. 62, par. 2 

Art. 63, par. 1 

63, 

Art. 
subparagraph 

63, 

Art. 
subparagraph 

Art. 45 par. 3 

Art. 47 

Art. 48 

Art. 49 

Art. 50 

adapted 

adapted 

adapted 

new 

amended 

amended 

new 

Art.  47,  par.  2,  3;  Art.  48, 
par. 3,4 

adapted 

new 

Art. 52, par. 1, Art. 52 par. 
7 

adapted 

par. 

2, 

1st 

Art.  52,  par.  1,  2nd 
subparagraph 

amended 

par. 

2, 

2nd 

52, 

Art. 
subparagraph 

par. 

1, 

3rd 

= 

Art. 63, par. 3 

Art. 63, par. 4 

Art. 52, par. 2 

= 

Art. 52, par. 3 

amended 

63, 

Art. 
subparagraph 

63, 

Art. 
subparagraph 

63, 

Art. 
subparagraph 

63, 

Art. 
subparagraph 

par. 

5, 

1st 

52, 

Art. 
subparagraph 

par. 

4, 

1st 

adapted 

par. 

5, 

2nd 

Art.  52,  par.  4,  2nd 
subparagraph 

= 

par. 

6, 

1st 

52, 

Art. 
subparagraph 

par. 

5, 

1st 

adapted 

par. 

6, 

2nd 

Art. 52, par. 6 

Art. 63, par. 7 

63, 

Art. 
subparagraph 

Art.  52,  par.  5,  2nd 
subparagraph 

par. 

8, 

1st 

Art. 52, par. 8 

Art. 

63, 

par. 

8, 

2nd 

= 

= 

= 

new 

EN 

242 

   EN 

 
 
 
 
 
subparagraph 

Art. 64 

Art. 65 

Art. 66, par. 1 

Art. 66, par. 2 

Art. 66, par. 3 

Art. 66, par. 4 

Art. 44, par. 3 

adapted 

Art. 44, par 4 

= 

Art. 53, par 1 

amended 

Art. 53, par 1, point (a) 

amended 

Recital  1;  Recital  46,  3rd 
par. 

new 

amended 

Art. 66, par. 5 

Art. 53, par. 2 

amended 

Art. 67 

Art. 68 

Art. 69, par. 1 

Art. 69, par. 2 

Art. 55, par. 1 

Art. 55, par. 1 

Art. 69, par. 3, point (a) 

Art. 55, point (a) 

Art. 69, par. 3, point (b) 

Art. 55, point (b) 

Art. 69, par. 3, point (c) 

Art. 55, point (c) 

new 

new 

amended 

adapted 

= 

= 

= 

Art. 69, par. 3, point (d) 

Art. 55, point (d) 

amended 

Art. 69, par. 3, point (e) 

Art. 55, point (e) 

= 

par. 

4, 

1st 

Art. 55, par. 2 

amended 

par. 

4, 

2nd 

Art. 55, par. 3 

Art. 26 

new 

adapted 

new 

amended 

Art. 25, 1st subparagraph 

= 

new 

Art. 25, 2nd subparagraph 

adapted 

69, 

Art. 
subparagraph 

69, 

Art. 
subparagraph 

Art. 69, par. 5 

Art. 69, par. 6 

Art. 70 

Art. 71, par. 1 

Art. 71, par. 2 

Art. 71, par. 3 

EN 

243 

   EN 

 
 
 
 
 
 
 
Art. 72, par. 1 – 4, 5, 7 

new 

Art. 72, par. 6 

Art. 72, par. 7 

Art. 73 

Art. 74 

Art. 75 

Art. 76 

Art. 77 

Art. 78 

Art. 79, par. 1 - 2 

Art. 79, par. 3 

Art. 80, par. 1 

Art. 80, par. 2 

Art. 81 

Art. 82 

Art. 83 

Art. 84, par. 1 

Art. 84, par. 2 - 8 

Art. 85 

Art. 86, par. 1 

Art. 86, par. 2 

Art. 86, par. 3 

Art. 86, par. 4 

Art. 86, par. 5 

Art. 87 

Art. 88 

Art. 31, par. 4, point a 

amended 

new 

new 

new 

new 

new 

= 

adapted 

adapted 

adapted 

new 

= 

= 

= 

Art. 66 

Art. 67 

Art. 69 

Art.  70;  Art.  79,  par.  1, 
point (a) 

Art. 72 

Art. 73 

Art. 74 

Art. 81, 1st subparagraph 

adapted 

Art. 81, 2nd subparagraph  

amended 

Art. 43 

Art. 75 

Art. 76 

new 

amended 

adapted 

amended 

new 

new 

Art. 79, par. 1, point (a) 

adapted 

new 

new 

EN 

244 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Annex III 

Annex V 

Annex IV, (a) – (g) 

Annex X (b) - (h) 

Art. 89 

Art. 90 

Art. 91 

Art. 92 

Art. 93 

Art. 94 

Art. 95 

Art. 96 

Annex I 

Annex II 

Annex IV, (h) 

Annex V 

Annex VI 

Annex VII 

Annex IX 

Annex X, 1. 

Annex X, 2. 

Annex XI 

Annex XII 

Annex XIII 

Art. 77, par. 3 and 4 

amended 

Art. 77, par. 5 

amended 

Art. 77, par. 1, 2 

Art. 80 

Art. 82 

Art. 83 

Art. 84 

Annex IV 

Annex I 

adapted 

adapted 

adapted 

new 

amended 

= 

= 

=; 
except 
(amended) 

first 

sentence 

= 

= 

new 

new 

Annex VII 

amended 

Art. 54, par. 3, points  (a) – 
(f) 

= 

Annex VIII 

Article 40, par. 5 

adapted 

adapted 

new 

new 

Annex IX 

adapted 

Annex VIII 

Annex VI 

adapted (except for point (4), 
amended) 

Annex XIV, Part 1 

Article 47, par. 1 

new 

= 

Annex XIV, Part 2 

Article 48, par. 2 

=; amended for points (a), (e) 

EN 

245 

   EN 

 
 
 
 
 
 
 
Annex XV 

Annex XVI 

Annex XVII 

Annex II 

Annex XII 

and (f) 

new 

amended 

amended 

EN 

246 

   EN