Decision No 2/2019 of the EU-Georgia Association Committee in Trade Configuration of 18 October 2019 updating Annex XVI to the Association Agreement [2019/1914]
Date: 2019-10-18
Institutions: European Union, Georgia
Subjects: EAEC, Georgia, approximation of laws, association agreement (EU), public contract, public procurement, revision of an agreement, trade cooperation








L_2019296EN.01003301.xml










15.11.2019   


EN


Official Journal of the European Union


L 296/33








            DECISION No 2/2019 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
         
of 18 October 2019
         
updating Annex XVI to the Association Agreement [2019/1914]


THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 142, Article 146 and Article 408 thereof,


Having regard to Decision No 3/2014 of the Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263] (1),

Whereas:







(1)


In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016.












(2)


Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement, and that such revision is to be adopted by a decision of the Association Committee in Trade configuration.












(3)


Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration.












(4)


Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided for in Annex XVI-B to the Agreement.












(5)


Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:






(a)


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










(b)


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










(c)


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
















(6)


It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 142 and 146 of the Agreement.












(7)


In the interest of clarity, Annex XVI should be updated in its entirety and replaced,





HAS ADOPTED THIS DECISION:



Article 1
Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels. 18 October 2019.


For the Association Committee in Trade configuration

G. ARVELADZE
            

The Chair



M. GABUNIA, R. MENGEL-JØRGENSEN
            

Secretaries






(1)  
            OJ L 321, 5.12.2015, p. 72.

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

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

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




ANNEX



‘ANNEX XVI

PUBLIC PROCUREMENT



‘ANNEX XVI-A

THRESHOLDS

The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties:






(a)


EUR 144 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;










(b)


EUR 221 000 in the case of public supply and public service contracts not covered by point (a);










(c)


EUR 5 548 000 in the case of public works contracts;










(d)


EUR 5 548 000 in the case of works contracts in the utilities sector;










(e)


EUR 5 548 000 in the case of concessions;










(f)


EUR 443 000 in the case of supply and service contracts in the utilities sector;










(g)


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










(h)


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








‘ANNEX XVI-B

INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS











Phase


 


Indicative time schedule


Market access granted to the EU by Georgia


Market access granted to Georgia by the EU


 




1


Implementation of Articles 143(2) and 144 of this Agreement
Agreement of the Reform Strategy set out in Article 145 of this Agreement


Three years after the entry into force of this Agreement


Supplies for central government authorities


Supplies for central government authorities


 




2


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


Five years after the entry into force of this Agreement


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


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


Annexes XVI-C and XVI-D




3


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


Six years after the entry into force of this Agreement


Supplies for all contracting entities in the utilities sector


Supplies for all contracting entities


Annexes XVI-E and XVI-F




4


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


Seven years after the entry into force of this Agreement


Service and works contracts and concessions for all contracting authorities


Service and works contracts and concessions for all contracting authorities


Annexes XVI-G, XVI-H, and XVI-I




5


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


Eight years after the entry into force of this Agreement


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


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


Annexes XVI-J and XVI-K








‘ANNEX XVI-C

BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                        (1 2 6 7 11 13 15 18 20 23 25 26 29)

(PHASE 2)






TITLE I


Scope, definitions and general principles




CHAPTER I


Scope and definitions




Section 1


Subject-matter and definitions




Article 1


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




Article 2


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




Article 3


Mixed procurement




Section 2


Thresholds




Article 4


Threshold amounts




Article 5


Methods for calculating the estimated value of procurement




Section 3


Exclusions




Article 7


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




Article 8


Specific exclusions in the field of electronic communications




Article 9


Public contracts awarded and design contests organised pursuant to international rules




Article 10


Specific exclusions for service contracts




Article 11


Service contracts awarded on the basis of an exclusive right




Article 12


Public contracts between entities within the public sector




Section 4


Specific situations




Subsection 1:


Subsidised contracts and research and development services




Article 13


Contracts subsidised by contracting authorities




Article 14


Research and development services




Subsection 2:


Procurement involving defence and security aspects




Article 15


Defence and security




Article 16


Mixed procurement involving defence or security aspects




Article 17


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




CHAPTER II


General Rules




Article 18


Principles of procurement




Article 19


Economic operators




Article 21


Confidentiality




Article 22


Rules applicable to communication: paragraphs 2-6




Article 23


Nomenclatures




Article 24


Conflicts of interest




TITLE II


Rules on public contracts




CHAPTER I


Procedures




Article 26


Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6




Article 27


Open procedure




Article 28


Restricted procedure




Article 29


Competitive procedure with negotiation




Article 32


Use of the negotiated procedure without prior publication




CHAPTER III


Conduct of the procedure




Section 1


Preparation




Article 40


Preliminary market consultations




Article 41


Prior involvement of candidates or tenderers




Article 42


Technical specifications




Article 43


Labels




Article 44


Test reports, certification and other means of proof: paragraphs 1, 2




Article 45


Variants




Article 46


Division of contracts into lots




Article 47


Setting time limits




Section 2


Publication and transparency




Article 48


Prior information notices




Article 49


Contract notices




Article 50


Contract award notices: paragraphs 1 and 4




Article 51


Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5




Article 53


Electronic availability of procurement documents




Article 54


Invitations to candidates




Article 55


Informing candidates and tenderers




Section 3


Choice of participants and award of contracts




Article 56


General principles




Subsection 1:


Criteria for qualitative selection




Article 57


Exclusion grounds




Article 58


Selection criteria




Article 59


European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4




Article 60


Means of proof




Article 62


Quality assurance standards and environmental management standards: paragraphs 1 and 2




Article 63


Reliance on the capacities of other entities




Subsection 2:


Reduction of numbers of candidates, tenders and solutions




Article 65


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




Article 66


Reduction of the number of tenders and solutions




Subsection 3:


Award of the contract




Article 67


Contract award criteria




Article 68


Life-cycle costing: paragraphs 1 and 2




Article 69


Abnormally low tenders: paragraphs 1-4




CHAPTER IV


Contract performance




Article 70


Conditions for performance of contracts




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




ANNEXES


 




ANNEX II


List of the activities referred to in point 6(a) of Article 2(1)




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 tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in contests




ANNEX V


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




Part B:


Information to be included in prior information notices (as referred to in Article 48)




Part C:


Information to be included in contract notices (as referred to in Article 49)




Part D:


Information to be included in contract award notices (as referred to in Article 50)




Part G:


Information to be included in notices of modifications of a contract during its term (as referred to in Article 72(1))




Part H:


Information to be included in contract notices concerning contracts for social and other specific services (as referred to in Article 75(1))




Part I:


Information to be included in prior information notices for social and other specific services (as referred to in Article 75(1))




Part J:


Information to be included in contract award notices concerning contracts for social and other specific services (as referred to in Article 75(2))




Annex VII


Definition of certain technical specifications




Annex IX


contents of the invitations to submit a tender, to participate in the dialogue or to confirm interest provided for under Article 54




Annex X


list of international social and environmental conventions referred to in Article 18(2)




Annex XII


Means of proof of selection criteria




Annex XIV


Services referred to in Article 74








‘ANNEX XVI-D

BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC
                                        (1 2 6 7 11 13 15 18 20 23 25 26 29)


as amended by Directive 2007/66/EC of the European Parliament and of the Council
                                        (3 8 12 14 16 19 21 24 27 30)
and Directive 2014/23/EU of the European Parliament and of the Council
                                        (4 9 17 22 28 31)
,
                                        (5 10)

(PHASE 2)






Article 1


Scope and availability of review procedures




Article 2


Requirements for review procedures




Article 2a


Standstill period




Article 2b


Derogations from the standstill period




Point (b) of the first paragraph




Article 2c


Time limits for applying for review




Article 2d


Ineffectiveness




Point (b) of paragraph 1




Paragraph 2 and 3




Article 2e


Infringements of this Directive and alternative penalties




Article 2f


Time limits








‘ANNEX XVI-E

BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                        (1 2 6 7 11 13 15 18 20 23 25 26 29)

(PHASE 3)






TITLE I


Scope, definitions and general principles




CHAPTER I


Subject-matter and definitions




Article 1


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




Article 2


Definitions: points 1-9, 13-16 and 18-20




Article 3


Contracting authorities (paragraphs 1 and 4)




Article 4


Contracting entities: paragraphs 1-3




Article 5


Mixed procurement covering the same activity




Article 6


Procurement covering several activities




CHAPTER II


Activities




Article 7


Common provisions




Article 8


Gas and heat




Article 9


Electricity




Article 10


Water




Article 11


Transport services




Article 12


Ports and airports




Article 13


Postal services




Article 14


Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels




CHAPTER III


Material scope




Section 1


Thresholds




Article 15


Threshold amounts




Article 16


Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14




Section 2


Excluded contracts and design contests; special provisions for procurement involving defence and security aspects




Subsection 1:


Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors




Article 18


Contracts awarded for purposes of resale or lease to third parties: paragraph 1




Article 19


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




Article 20


Contracts awarded and design contests organised pursuant to international rules




Article 21


Specific exclusions for service contracts




Article 22


Service contracts awarded on the basis of an exclusive right




Article 23


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




Subsection 2:


Procurement involving defence and security aspects




Article 24


Defence and security




Article 25


Mixed procurement covering the same activity and involving defence or security aspects




Article 26


Procurement covering several activities and involving defence or security aspects




Article 27


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




Subsection 3:


Special relations (cooperation, affiliated undertakings and joint ventures)




Article 28


Contracts between contracting authorities




Article 29


Contracts awarded to an affiliated undertaking




Article 30


Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture




Subsection 4:


Specific situations




Article 32


Research and development services




CHAPTER IV


General principles




Article 36


Principles of procurement




Article 37


Economic operators




Article 39


Confidentiality




Article 40


Rules applicable to communication




Article 41


Nomenclatures




Article 42


Conflicts of interest




TITLE II


Rules applicable to contracts




CHAPTER I


Procedures




Article 44


Choice of procedures: paragraphs 1, 2, 4




Article 45


Open procedure




Article 46


Restricted procedure




Article 47


Negotiated procedure with prior call for competition




Article 50


Use of the negotiated procedure without prior call for competition: points (a) – (i)




CHAPTER III


Conduct of the procedure




Section 1


Preparation




Article 58


Preliminary market consultations




Article 59


Prior involvement of candidates or tenderers




Article 60


Technical specifications




Article 61


Labels




Article 62


Test reports, certification and other means of proof




Article 63


Communication of technical specifications




Article 64


Variants




Article 65


Division of contracts into lots




Article 66


Setting time limits




Section 2


Publication and transparency




Article 67


Periodic indicative notices




Article 68


Notices on the existence of a qualification system




Article 69


Contract notices




Article 70


Contract award notices: paragraphs 1, 3, 4




Article 71


Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5




Article 73


Electronic availability of procurement documents




Article 74


Invitations to candidates




Article 75


Informing applicants for qualification, candidates and tenderers




Section 3


Choice of participants and award of contracts




Article 76


General principles




Subsection 1:


Qualification and qualitative selection




Article 78


Criteria for qualitative selection




Article 79


Reliance on the capacities of other entities: paragraph 2




Article 80


Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU




Article 81


Quality assurance standards and environmental management standards: paragraphs 1, 2




Subsection 2:


Award of the contract




Article 82


Contract award criteria




Article 83


Life-cycle costing: paragraphs 1 and 2




Article 84


Abnormally low tenders: paragraphs 1-4




CHAPTER IV


Contract performance




Article 87


Conditions for performance of contracts




Article 88


Subcontracting




Article 89


Modification of contracts during their term




Article 90


Termination of contracts




TITLE III


particular procurement regimes




CHAPTER I


Social and other specific services




Article 91


Award of contracts for social and other specific services




Article 92


Publication of notices




Article 93


Principles of awarding contracts




ANNEXES


 




Annex I


List of activities as set out in point (a) of point 2 of Article 2




Annex V


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




Annex VI


 




Part A


Information to be included in the periodic indicative notice (as referred to in Article 67)




Part B


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




Annex VIII


Definition of certain technical specifications




Annex IX


Features concerning publication




Annex X


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




Annex XI


Information to be included in contract notices (as referred to in Article 69)




Annex XII


Information to be included in the contract award notice (as referred to in Article 70)




Annex XIII


Contents of the invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74




Annex XIV


List of International Social and Environmental Conventions referred to in Article 36(2)




Annex XVI


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




Annex XVII


Services referred to in Article 91




Annex XVIII


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








‘ANNEX XVI-F

BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
                                        (1 2 6 7 11 13 15 18 20 23 25 26 29)


as amended by Directive 2007/66/EC of the European Parliament and of the Council
                                        (3 8 12 14 16 19 21 24 27 30)
and Directive 2014/23/EU of the European Parliament and of the Council
                                        (4 9 17 22 28 31)

,

                                        (5 10)

(PHASE 3)






Article 1


Scope and availability of review procedures




Article 2


Requirements for review procedures




Article 2a


Standstill period




Article 2b


Derogations from the standstill period




Point (b) of the first paragraph




Article 2c


Time limits for applying for review




Article 2d


Ineffectiveness




Point (b) of paragraph 1




Paragraphs 2 and 3




Article 2e


Infringements of this Directive and alternative penalties




Article 2f


Time limits








‘ANNEX XVI-G
(PHASE 4)
I.   Other non-mandatory elements of Directive 2014/24/eu of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29)

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






TITLE I


Scope, definitions and general principles




CHAPTER I


Scope and definitions




Section 1


Subject-matter and definitions




Article 2


Definitions (paragraph 1, points (14) and (16))




CHAPTER II


General rules




Article 20


Reserved contracts




TITLE II


Rules on public contracts




CHAPTER II


Techniques and instruments for electronic and aggregated procurement




Article 37


Centralised purchasing activities and central purchasing bodies




CHAPTER III


Conduct of the procedure




Section 3


Choice of participants and award of contracts




Subsection 1:


Criteria for qualitative selection




Article 64


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




TITLE III


Particular procurement regimes




CHAPTER I


Social and other specific services




Article 77


Reserved contracts for certain services




II.   Non-mandatory elements of Directive 2014/23/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30)

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






TITLE I


Subject matter, scope, principles and definitions




CHAPTER I


Scope, general principles and definitions




Section IV


Specific situations




Article 24


Reserved concessions








‘ANNEX XVI-H
(PHASE 4)
I.   Other mandatory elements of Directive 2014/24/EU of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29)







TITLE I


Scope, definitions and general principles




CHAPTER I


Scope and definitions




Section 1


Subject-matter and definitions




Article 2


Definitions (paragraph 1 point (21))




CHAPTER II


General rules




Article 22


Rules applicable to communication: paragraph 1




TITLE II


Rules on public contracts




CHAPTER I


Procedures




Article 26


Choice of procedures: paragraph 3, second alternative of paragraph 4




Article 30


Competitive dialogue




Article 31


Innovation Partnership




CHAPTER II


Techniques and instruments for electronic and aggregated procurement




Article 33


Framework agreements




Article 34


Dynamic purchasing systems




Article 35


Electronic auctions




Article 36


Electronic catalogues




Article 38


Occasional joint procurement




CHAPTER III


Conduct of the procedure




Section 2


Publication and Transparency




Article 50


Contract award notices: paragraphs 2 and 3




TITLE III


Particular procurement regimes




CHAPTER II


Rules governing design contests




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




ANNEXES


 





ANNEX V



Information to be included in notices




Part E:


Information to be included in design contest notices (as referred to in Article 79(1))




Part F:


Information to be included in notices of the results of a contest (as referred to in Article 79(2))





ANNEX VI



Information to be included in the procurement documents relating to electronic auctions (article 35(4))




II.   Mandatory elements of Directive 2014/23/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30)







TITLE I


Subject matter, scope, principles and definitions




CHAPTER I


Scope, general principles and definitions




Section I


Subject-matter, scope, general principles, definitions and threshold




Article 1


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




Article 2


Principle of free administration by public authorities




Article 3


Principle of equal treatment, non-discrimination and transparency




Article 4


Freedom to define services of general economic interest




Article 5


Definitions




Article 6


Contracting authorities: paragraphs 1 and 4




Article 7


Contracting entities




Article 8


Threshold and methods for calculating the estimated value of concessions




Section II


Exclusions




Article 10


Exclusions applicable to concessions awarded by contracting authorities and contracting entities




Article 11


Specific exclusions in the field of electronic communications




Article 12


Specific exclusions in the field of water




Article 13


Concessions awarded to an affiliated undertaking




Article 14


Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture




Article 17


Concessions between entities within the public sector




Section III


General provisions




Article 18


Duration of the concession




Article 19


Social and other specific services




Article 20


Mixed contracts




Article 21


Mixed procurement contracts involving defence or security aspects




Article 22


Contracts covering both activities referred to in Annex II and other activities




Article 23


Concessions covering both activities referred to in Annex II and activities involving defence or security aspects




Section IV


Specific situations




Article 25


Research and development services




CHAPTER II


Principles




Article 26


Economic operators




Article 27


Nomenclatures




Article 28


Confidentiality




Article 29


Rules applicable to communication




TITLE II


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




CHAPTER I


General principles




Article 30


General principles: paragraphs 1, 2 and 3




Article 31


Concession notices




Article 32


Concession award notices




Article 33


Form and manner of publication of notices: first subparagraph of paragraph 1




Article 34


Electronic availability of concession documents




Article 35


Combating corruption and preventing conflicts of interest




CHAPTER II


Procedural guarantees




Article 36


Technical and functional requirements




Article 37


Procedural guarantees




Article 38


Selection of and qualitative assessment of candidates




Article 39


Time limits for receipt of applications and tenders for the concession




Article 40


Provision of information to candidates and tenderers




Article 41


Award criteria




TITLE III


Rules on performance of concessions




Article 42


Subcontracting




Article 43


Modification of contracts during their term




Article 44


Termination of concessions




Article 45


Monitoring and Reporting




ANNEXES


 




Annex I


List of the activities referred to in point (7) of Article 5




Annex II


Activities exercised by contracting entities as referred to in Article 7




Annex III


List of legal acts of the union referred to in point (b) of Article 7(2)




Annex IV


Services referred to in Article 19




Annex V


Information to be included in concession notices referred to in Article 31




Annex VI


Information to be included in prior information notices concerning concessions for social and other specific services, as referred to in Article 31(3)




Annex VII


Information to be included in concession award notices, as referred to in Article 32




Annex VIII


Information to be included in concession award notices concerning concessions for social and other specific services, as referred to in Article 32




Annex IX


Features concerning publication




Annex X


List of international social and environmental conventions referred to in Article 30(3)




Annex XI


Information to be included in notices of modifications of a concession during its term according to Article 43








‘ANNEX XVI-I

OTHER ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC
                                        (1 2 6 7 11 13 15 18 20 23 25 26 29)


as amended by Directive 2007/66/EC of the European Parliament and of the Council
                                        (3 8 12 14 16 19 21 24 27 30)
and Directive 2014/23/EU of the European Parliament and of the Council
                                        (4 9 17 22 28 31)

(PHASE 4)






Article 2b


Derogations from the standstill period




Point (c) of the first paragraph




Article 2d


Ineffectiveness




Point (c) of paragraph 1




Paragraph 5








‘ANNEX XVI-J
(PHASE 5)
I.   Other non-mandatory elements of Directive 2014/25/EU of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29)

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






TITLE I


Scope, definitions and general principles




CHAPTER I


Subject-matter and definitions




Article 2


Definitions: points 10-12




CHAPTER IV


General principles




Article 38


Reserved contracts




TITLE II


Rules applicable to contracts




CHAPTER II


Techniques and instruments for electronic and aggregated procurement




Article 55


Centralised purchasing activities and central purchasing bodies




TITLE III


Particular procurement regimes




CHAPTER I


Social and other specific services




Article 94


Reserved contracts for certain services




II.   Other mandatory elements of directive 2014/25/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30)







TITLE I


Scope, definitions and general principles




CHAPTER I


Subject-matter and definitions




Article 2


Definitions: point 17




CHAPTER III


Material scope




Section 1


Thresholds




Article 16


Methods for calculating the estimated value of procurement: paragraphs 5, 6




TITLE II


Rules applicable to contracts




CHAPTER I


Procedures




Article 44


Choice of procedures: paragraph 3




Article 48


Competitive dialogue




Article 49


Innovation Partnership




Article 50


Use of the negotiated procedure without prior call for competition: point (j)




CHAPTER II


Techniques and instruments for electronic and aggregated procurement




Article 51


Framework agreements




Article 52


Dynamic purchasing systems




Article 53


Electronic auctions




Article 54


Electronic catalogues




Article 56


Occasional joint procurement




CHAPTER III


Conduct of the procedure




Section 2


Publication and transparency




Article 70


Contract award notices: paragraph 2




Section 3


Choice of participants and award of contracts




Subsection 1:


Qualification and qualitative selection




Article 77


Qualification systems




Article 79


Reliance on the capacities of other entities: paragraph 1




TITLE III


Particular procurement regimes




CHAPTER II


Rules governing design contests




Article 95


Scope




Article 96


Notices




Article 97


Rules on the organisation of design contests, the selection of participants and the jury




Article 98


Decisions of the jury




ANNEXES


 





Annex VII



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





Annex XIX



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





Annex XX



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








‘ANNEX XVI-K

OTHER ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
                                        (1 2 6 7 11 13 15 18 20 23 25 26 29)


as amended by Directive 2007/66/EC of the European Parliament and of the Council
                                        (3 8 12 14 16 19 21 24 27 30)
and Directive 2014/23/EU of the European Parliament and of the Council
                                        (4 9 17 22 28 31)

(PHASE 5)






Article 2b


Derogations from the standstill period




Point (c) of the first paragraph




Article 2d


Ineffectiveness




Point (c) of paragraph 1




Paragraph 5








‘ANNEX XVI-L
I.   Provisions of Directive 2014/24/EU of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29)
outside the scope of approximation

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






TITLE I


Scope, definitions and general principles




CHAPTER I


Scope and definitions




Section 1


Subject-matter and definitions




Article 1


Subject-matter and scope: paragraphs 3 and 4




Article 2


Definitions: paragraph 2




Section 2


Thresholds




Article 6


Revision of the thresholds and of the list of central government authorities




TITLE II


Rules on public contracts




CHAPTER I


Procedures




Article 25


Conditions relating to the GPA and other international agreements




CHAPTER II


Techniques and instruments for electronic and aggregated procurement




Article 39


Procurement involving contracting authorities from different Member States




CHAPTER III


Conduct of the procedure




Section 1


Preparation




Article 44


Test reports, certification and other means of proof: paragraph 3




Section 2


Publication and transparency




Article 51


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




Article 52


Publication at national level




Section 3


Choice of participants and award of contracts




Subsection 1:


Criteria for qualitative selection




Article 61


Online repository of certificates (e-Certis)




Article 62


Quality assurance standards and environmental management standards: paragraph 3




Subsection 3:


Award of the Contract




Article 68


Life-cycle costing: paragraph 3




Article 69


Abnormally low tender: paragraph 5




TITLE IV


Governance




Article 83


Enforcement




Article 84


Individual reports on procedures for the award of contracts




Article 85


National reporting and statistical information




Article 86


Administrative cooperation




TITLE V


Delegated powers, implementing powers and final provisions




Article 87


Exercise of the delegation of powers




Article 88


Urgency procedure




Article 89


Committee procedure




Article 90


Transposition and transitional provisions




Article 91


Repeals




Article 92


Review




Article 93


Entry into force




Article 94


Addressees




ANNEXES


 




ANNEX I


Central government authorities




Annex VIII


Features concerning publication




Annex XI


Registers




Annex XIII


List of EU legislation referred to in Article 68(3)




Annex XV


Correlation table




II.   Provisions of Directive 2014/23/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30)
outside the scope of approximation

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






TITLE I


Subject matter, scope, principles and definitions




CHAPTER I


Scope, general principles and definitions




Section I


Subject-matter, scope, general principles, definitions and threshold




Article 1


Subject-matter and scope: paragraph 3




Article 6


Contracting authorities: paragraphs 2 and 3




Article 9


Revision of the threshold




Section II


Exclusions




Article 15


Notification of information by contracting entities




Article 16


Exclusion of activities which are directly exposed to competition




TITLE II


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




CHAPTER I


General principles




Article 30


General principles: paragraph 4




Article 33


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




TITLE IV


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




Article 46


Amendments to Directive 89/665/EEC




Article 47


Amendments to Directive 92/13/EEC




TITLE V


Delegated powers, implementing powers and final provisions




Article 48


Exercise of the delegation




Article 49


Urgency procedure




Article 50


Committee procedure




Article 51


Transposition




Article 52


Transitional provisions




Article 53


Monitoring and reporting




Article 54


Entry into force




Article 55


Addressees








‘ANNEX XVI-M

PROVISIONS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (1 2 6 7 11 13 15 18 20 23 25 26 29) OUTSIDE THE SCOPE OF APPROXIMATION

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






TITLE I


Scope, definitions and general principles




CHAPTER I


Subject-matter and definitions




Article 1


Subject matter and scope: paragraphs 3 and 4




Article 3


Contracting authorities: paragraphs 2 and 3




Article 4


Contracting entities: paragraph 4




CHAPTER III


Material scope




Section 1


Thresholds




Article 17


Revision of the thresholds




Section 2


Excluded contracts and design contests; special provisions for procurement involving defence and security aspects




Subsection 1:


Exclusions applicable to all contracting entities and special exclusions for the water and energy sector




Article 18


Contracts awarded for purposes of resale or lease to third parties: paragraph 2




Article 19


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




Subsection 3:


Special relations (cooperation, affiliated undertakings and joint ventures)




Article 31


Notification of information




Subsection 4:


Specific situations




Article 33


Contracts subject to special arrangements




Subsection 5:


Activities directly exposed to competition and procedural provisions relating thereto




Article 34


Activities directly exposed to competition




Article 35


Procedure for establishing whether Article 34 is applicable




TITLE II


Rules applicable to contracts




CHAPTER I


Procedures




Article 43


Conditions relating to the GPA and other international agreements




CHAPTER II


Techniques and instruments for electronic and aggregated procurement




Article 57


Procurement involving contracting entities from different Member States




CHAPTER III


Conduct of the procedure




Section 2


Publication and transparency




Article 71


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




Article 72


Publication at national level




Section 3


Choice of participants and award of contracts




Subsection 1:


Qualification and qualitative selection




Article 81


Quality assurance standards and environmental management standards: paragraph 3




Subsection 2:


Award of the contract




Article 83


Life-cycle costing: paragraph 3




Section 4


Tenders comprising products originating in third countries and relations with those countries




Article 85


Tenders comprising products originating in third countries




Article 86


Relations with third countries as regards works, supplies and service contracts




TITLE IV


Governance




Article 99


Enforcement




Article 100


Individual reports on procedures for the award of contracts




Article 101


National reporting and statistical information




Article 102


Administrative cooperation




TITLE V


Delegated powers, implementing powers and final provisions




Article 103


Exercise of the delegation




Article 104


Urgency procedure




Article 105


Committee procedure




Article 106


Transposition and transitional provisions




Article 107


Repeal




Article 108


Review




Article 109


Entry into force




Article 110


Addressees




ANNEXES


 




Annex II


List of Union legal acts referred to in Article 4(3)




Annex III


List of Union legal acts referred to in Article 34(3)




Annex IV


Deadlines for the adoption of the implementing acts referred to in Article 35




Annex XV


List of Union legal acts referred to in Article 83(3)








‘ANNEX XVI-N

PROVISIONS OF COUNCIL DIRECTIVE 89/665/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29) AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (3 8 12 14 16 19 21 24 27 30) AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (4 9 17 22 28 31) OUTSIDE THE SCOPE OF APPROXIMATION

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






Article 2b


Derogations from the standstill period




Point (a) of the first paragraph




Article 2d


Ineffectiveness




Point (a) of paragraph 1




Paragraph 4




Article 3


Corrective mechanism




Article 3a


Content of a notice for voluntary ex ante transparency




Article 3b


Committee procedure




Article 4


Implementation




Article 4a


Review








‘ANNEX XVI-O

PROVISIONS OF COUNCIL DIRECTIVE 92/13/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29) AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (3 8 12 14 16 19 21 24 27 30) AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (4 9 17 22 28 31) OUTSIDE THE SCOPE OF APPROXIMATION

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






Article 2b


Derogations from the standstill period




Point (a) of the first paragraph




Article 2d


Ineffectiveness




Point (a) of paragraph 1




Paragraph 4




Article 3a


Content of a notice for voluntary ex ante transparency




Article 3b


Committee procedure




Article 8


Corrective mechanism




Article 12


Implementation




Article 12a


Review








‘ANNEX XVI-P

GEORGIA: INDICATIVE LIST OF ISSUES FOR COOPERATION


1.   

Training, in Georgia and EU Member States, of Georgian officials from government bodies engaged in public procurement;



2.   

Training of suppliers interested participating in public procurement;



3.   

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



4.   

Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring;



5.   

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



6.   

Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities’ decisions. (Cf. Article 143 paragraph 2 of this Agreement).






            ’
         


(1)  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).

(2)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).

(3)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).

(4)  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).

(5)  Georgian legislation implementing Annex XVI-D shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.

(6)  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).

(7)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).

(8)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).

(9)  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).

(10)  Georgian legislation implementing Annex XVI-F shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.

(11)  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).

(12)  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).

(13)  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.

(14)  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).

(15)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).

(16)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).

(17)  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).

(18)  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).

(19)  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).

(20)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).

(21)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).

(22)  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).

(23)  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).

(24)  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).

(25)  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).

(26)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).

(27)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).

(28)  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).

(29)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).

(30)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).

(31)  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).