Decision of the EEA Joint Committee No 97/2016 of 29 April 2016 amending Annex XVI (Procurement) to the EEA Agreement [2017/2047]
Date: 2016-04-29
Institutions: EEA Joint Committee
Subjects: European Economic Area, award of contract, invitation to tender, provision of services, revision of an agreement, service concession, services contract, single market, supplies contract




L_2017300EN.01004901.xml










16.11.2017   


EN


Official Journal of the European Union


L 300/49








            DECISION OF THE EEA JOINT COMMITTEE
         
No 97/2016
of 29 April 2016
         
amending Annex XVI (Procurement) to the EEA Agreement [2017/2047]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (1), as corrected by OJ L 114, 5.5.2015, p. 24, is to be incorporated into the EEA Agreement.












(2)


Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (2) is to be incorporated into the EEA Agreement.












(3)


Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (3) is to be incorporated into the EEA Agreement.












(4)


Directive 2014/24/EU repeals Directive 2004/18/EC of the European Parliament and of the Council (4), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.












(5)


Directive 2014/25/EU repeals Directive 2004/17/EC of the European Parliament and of the Council (5), which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.












(6)


Annex XVI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex XVI to the Agreement, including Appendices 1 to 14 to that Annex, shall be amended as specified in the Annex to this Decision.


Article 2
The texts of Directives 2014/23/EU, as corrected by OJ L 114, 5.5.2015, p. 24, 2014/24/EU and 2014/25/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 30 April 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 29 April 2016.


For the EEA Joint Committee


The President

Claude MAERTEN
            





(1)  
            OJ L 94, 28.3.2014, p. 1.

(2)  
            OJ L 94, 28.3.2014, p. 65.

(3)  
            OJ L 94, 28.3.2014, p. 243.

(4)  
            OJ L 134, 30.4.2004, p. 114.

(5)  
            OJ L 134, 30.4.2004, p. 1.

(*1)  Constitutional requirements indicated.




ANNEX
Annex XVI (Procurement) to the EEA Agreement, including Appendices 1 to 14 to that Annex, shall be amended as specified in the following Articles.

Article 1
The words ‘2004/17/EC and 2004/18/EC’ of paragraph 1 of the Sectoral Adaptations shall be replaced by the words ‘2014/23/EU, 2014/24/EU and 2014/25/EU’.


Article 2
Point 2 (Directive 2004/18/EC of the European Parliament and of the Council) shall be replaced by the following:







‘2.



32014 L 0024: Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
The provisions of the Directive, shall for the purposes of this Agreement, be read with the following adaptations:






(a)


References to Article 107 TFEU shall be read as references to Article 61 of the EEA Agreement.










(b)


References to Article 346 TFEU shall be read as references to Article 123 of the EEA Agreement.










(c)


Annexes I, III and XI are supplemented by Appendices 1 to 3 to this Annex.










(d)


In Article 73 the words “the Treaties and this Directive that has been declared by the Court of Justice of the European Union in a procedure pursuant to Article 258 TFEU” shall read “the EEA Agreement and this Directive that has been declared by the EFTA Court in a procedure pursuant to Article 31 of the Agreement Between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice”.










(e)


Article 25 shall not apply.










(f)


In Annex X the references to the ILO Conventions shall not apply to Liechtenstein. However, Liechtenstein will ensure the compliance with standards equivalent to those laid down in the ILO Conventions listed in Annex X.’











Article 3
Point 4 (Directive 2004/17/EC of the European Parliament and of the Council) shall be replaced by the following:







‘4.



32014 L 0025: Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
The provisions of the Directive, shall for the purposes of this Agreement, be read with the following adaptations:






(a)


References to Article 107 TFEU shall be read as references to Article 61 of the EEA Agreement.










(b)


Articles 43, 85 and 86 shall not apply.










(c)


References to Article 346 TFEU shall be read as references to Article 123 of the EEA Agreement.










(d)


In Article 90 the words “the Treaties and this Directive that has been declared by the Court of Justice of the European Union in a procedure pursuant to Article 258 TFEU” shall read “the EEA Agreement and this Directive that has been declared under the EFTA Court in a procedure pursuant to Article 31 of the Agreement Between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice”.










(e)


In Annex XIV the references to the ILO Conventions shall not apply to Liechtenstein. However, Liechtenstein will ensure the compliance with standards equivalent to those laid down in the ILO Conventions listed in Annex XIV.’











Article 4
The following indent is added in points 5 (Council Directive 89/665/EEC) and 5a (Council Directive 92/13/EEC):






‘—



32014 L 0023: Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 (OJ L 94, 28.3.2014, p. 1), as corrected by OJ L 114, 5.5.2015, p. 24.’






Article 5
The following point is inserted after point 6e (Directive 2014/55/EU of the European Parliament and of the Council):







‘6f.



32014 L 0023: Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1), as corrected by OJ L 114, 5.5.2015, p. 24.
The provisions of the Directive, shall for the purposes of this Agreement, be read with the following adaptations:






(a)


References to Article 346 TFEU shall be read as references to Article 123 of the EEA Agreement.










(b)


Article 44(c) shall be replaced by the following:

                                 “the EFTA Court finds, in a procedure pursuant to Article 31 of the Agreement Between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, that an EFTA State has failed to fulfil its obligations under the EEA Agreement by the fact that a contracting authority or contracting entity belonging to that EFTA State has awarded the concession in question without complying with its obligations under the EEA Agreement and this Directive.”
                              










(c)


In Annex X the references to the ILO Conventions shall not apply to Liechtenstein. However, Liechtenstein will ensure the compliance with standards equivalent to those laid down in the ILO Conventions listed in Annex X.’











Article 6
Appendices 1 to 14 shall be replaced by the following:



‘APPENDIX 1

LISTS OF CENTRAL GOVERNMENT AUTHORITIES REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 2(1) OF DIRECTIVE 2014/24/EU







I.


In ICELAND:






Forsætisráðuneytið


Prime Minister's Office




Atvinnuvega- og nýsköpunarráðuneytið


Ministry of Industries and Innovation




Fjármála- og efnahagsráðuneytið


Ministry of Finance and Economic Affairs




Innanríkisráðuneytið


Ministry of the Interior




Mennta- og menningarmálaráðuneytið


Ministry of Education, Science and Culture




Umhverfis- og auðlindaráðuneytið


Ministry for the Environment and Natural Resources




Utanríkisráðuneytið


Ministry for Foreign Affairs




Velferðarráðuneytið


Ministry of Welfare














II.


In LIECHTENSTEIN:






Regierung des Fürstentums Liechtenstein


Government of the Principality of Liechtenstein














III.


In NORWAY:






Statsministerens kontor


Office of the Prime Minister




Arbeids- og sosialdepartementet


Ministry of Labour and Social Affairs




Barne-, likestillings- og inkluderingsdepartementet


Ministry of Children, Equality and Social Inclusion




Finansdepartementet


Ministry of Finance




Forsvarsdepartementet


Ministry of Defence




Helse- og omsorgsdepartementet


Ministry of Health and Care Services




Justis- og beredskapsdepartementet


Ministry of Justice and Public Security




Klima- og miljødepartementet


Ministry of Climate and Environment




Kommunal- og moderniseringsdepartementet


Ministry of Local Government and Modernisation




Kulturdepartementet


Ministry of Culture




Kunnskapsdepartementet


Ministry of Education and Research




Landbruks- og matdepartementet


Ministry of Agriculture and Food




Nærings- og fiskeridepartementet


Ministry of Trade, Industry and Fisheries




Olje- og energidepartementet


Ministry of Petroleum and Energy




Samferdselsdepartementet


Ministry of Transport and Communication




Utenriksdepartementet


Ministry of Foreign Affairs








Agencies and Institutions subordinate to these Ministries.




‘APPENDIX 2

LISTS OF PRODUCTS REFERRED TO IN ARTICLE 4(b) OF DIRECTIVE 2014/24/EU WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE






ICELAND









LIECHTENSTEIN









NORWAY:
The only text applicable for the purposes of this Agreement is that in Annex 4 point 2 of the GPA on which the following indicative list of products is based:







Chapter 25


:


Salt; sulphur; earths and stone; plastering materials, lime and cement




Chapter 26


:


Metallic ores, slag and ash




Chapter 27


:


Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, except:






ex ex 27.10


special engine fuels








Chapter 28


:


Inorganic chemicals; organic and inorganic compounds of precious metals, of rare earth metals, of radioactive elements and of isotopes, except:






ex ex 28.09


explosives




ex ex 28.13


explosives




ex ex 28.14


tear gas




ex ex 28.28


explosives




ex ex 28.32


explosives




ex ex 28.39


explosives




ex ex 28.50


toxic products




ex ex 28.51


toxic products




ex ex 28.54


explosives








Chapter 29


:


Organic chemicals, except:






ex ex 29.03


explosives




ex ex 29.04


explosives




ex ex 29.07


explosives




ex ex 29.08


explosives




ex ex 29.11


explosives




ex ex 29.12


explosives




ex ex 29.13


toxic products




ex ex 29.14


toxic products




ex ex 29.15


toxic products




ex ex 29.21


toxic products




ex ex 29.22


toxic products




ex ex 29.23


toxic products




ex ex 29.26


explosives




ex ex 29.27


toxic products




ex ex 29.29


explosives








Chapter 30


:


Pharmaceutical products




Chapter 31


:


Fertilisers




Chapter 32


:


Tanning and dyeing extracts; tannins and their derivatives; dyes, colours, paints and varnishes, putty, fillers and stoppings, inks




Chapter 33


:


Essential oils and resinoids; perfumery, cosmetics and toilet preparations




Chapter 34


:


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”




Chapter 35


:


Albuminoidal substances; glues; enzymes




Chapter 37


:


Photographic and cinematographic goods




Chapter 38


:


Miscellaneous chemical products, except:






ex ex 38.19


toxic products








Chapter 39


:


Artificial resins and plastic materials, cellulose esters and ethers, articles thereof, except:






ex ex 39.03


explosives








Chapter 40


:


Rubber, synthetic rubber, factice, and articles thereof, except:






ex ex 40.11


bullet-proof tyres








Chapter 41


:


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


:


Fur skins and artificial fur; manufactures thereof




Chapter 44


:


Wood and articles of wood; wood charcoal




Chapter 45


:


Cork and articles of cork




Chapter 46


:


Manufactures of straw of esparto and of other plaiting materials; basketware and wickerwork




Chapter 47


:


Paper-making material




Chapter 48


:


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




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


:


Articles of stone, of plaster, of cement, of asbestos, of mica and of similar materials




Chapter 69


:


Ceramic products




Chapter 70


:


Glass and glassware




Chapter 71


:


Pearls, precious and semi-precious stones, precious metals, rolled precious metals, and articles thereof; imitation jewellery




Chapter 73


:


Iron and steel and articles thereof




Chapter 74


:


Copper and articles thereof




Chapter 75


:


Nickel and articles thereof




Chapter 76


:


Aluminium and articles thereof




Chapter 77


:


Magnesium and beryllium and articles thereof




Chapter 78


:


Lead and articles thereof




Chapter 79


:


Zinc and articles thereof




Chapter 80


:


Tin and articles thereof




Chapter 81


:


Other base metals employed in metallurgy and articles thereof




Chapter 82


:


Tools, implements, cutlery, spoons and forks, of base metal; parts thereof, except:






ex ex 82.05


tools




ex ex 82.07


tools, parts








Chapter 83


:


Miscellaneous articles of base metal




Chapter 84


:


Boilers, machinery and mechanical appliances; parts thereof, except:






ex ex 84.06


engines




ex ex 84.08


other engines




ex ex 84.45


machinery




ex ex 84.53


automatic data-processing machines




ex ex 84.55


parts of machines under heading 84.53




ex ex 84.59


nuclear reactors








Chapter 85


:


Electrical machinery and equipment; parts thereof, except:






ex ex 85.13


telecommunication equipment




ex ex 85.15


transmission apparatus








Chapter 86


:


Railway and tramway locomotives, rolling-stock and parts thereof, except:






ex ex 86.02


armoured locomotives, electric




ex ex 86.03


other armoured locomotives




ex ex 86.05


armoured wagons




ex ex 86.06


repair wagons




ex ex 86.07


wagons








Chapter 87


:


Vehicles, other than railway or tramway rolling-stock, and parts thereof, except:






ex ex 87.01


tractors




ex ex 87.02


military vehicles




ex ex 87.03


breakdown lorries




ex ex 87.08


tanks and other armoured vehicles




ex ex 87.09


motorcycles




ex ex 87.14


trailers








Chapter 89


:


Ships, boats and floating structures, except:






ex ex 89.01 A


warships








Chapter 90


:


Optical, photographic, cinematographic, measuring, checking, precision, medical and surgical instruments and apparatus; parts thereof, except:






ex ex 90.05


binoculars




ex ex 90.13


miscellaneous instruments, lasers




ex ex 90.14


telemeters




ex ex 90.28


electrical and electronic measuring instruments




ex ex 90.11


microscopes




ex ex 90.17


medical instruments




ex ex 90.18


mechano-therapy appliances




ex ex 90.19


orthopaedic appliances




ex 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 94


:


Furniture and parts thereof; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings, except:






ex ex 94.01 A


aircraft seats








Chapter 95


:


Articles and manufactures of carving or moulding material




Chapter 96


:


Brooms, brushes, powder-puffs and sieves




Chapter 98


:


Miscellaneous manufactured articles












‘APPENDIX 3

REGISTERS REFERRED TO IN ARTICLE 58(2) OF DIRECTIVE 2014/24/EU







—


in Iceland, the “Ríkisskattstjóri”
                                 










—


in Liechtenstein, the “Gewerberegister” and the “Handelsregister”
                                 










—


in Norway, the “Foretaksregisteret”
                                 






                  ’