CELEX: 32017D0043
Language: en
Date: 2016-12-12 00:00:00
Title: Council Decision (EU) 2017/43 of 12 December 2016 on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement

11.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 6/2
            
         COUNCIL DECISION (EU) 2017/43
   of 12 December 2016
   on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:
   
               (1)
            
            
               Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and Ukraine, of the other part (1) (‘the Agreement’), provides for the provisional application of the Agreement in part, as specified by the Union.
            
         
               (2)
            
            
               Article 1 of Council Decision 2014/668/EU (2) specifies the provisions of the Agreement to be applied provisionally, including the provisions on public procurement, and Annex XXI to the Agreement. The provisional application of those provisions is effective from 1 January 2016.
            
         
               (3)
            
            
               Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement.
            
         
               (4)
            
            
               Several Union acts listed in Annexe XXI to the Agreement have been amended or repealed since the initialling of the Agreement on 30 March 2012.
            
         
               (5)
            
            
               Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement are to be revised regularly, beginning in the first even year following the entry into force of the Agreement.
            
         
               (6)
            
            
               It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis by amending certain deadlines.
            
         
               (7)
            
            
               It is therefore necessary to update Annex XXI in order to reflect the developments to the Union acquis listed therein, and revise the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement.
            
         
               (8)
            
            
               Article 149 of the Agreement provides that the revision of the thresholds provided for in Annex XXI-P to the Agreement shall be adopted by decision of the Association Committee in Trade configuration.
            
         
               (9)
            
            
               Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.
            
         
               (10)
            
            
               Article 1 of the Association Council Decision No 3/2014 (3) delegates the power to update or amend the trade-related annexes of the Agreement to the Association Committee in Trade configuration, including Annex XXI pertaining to Chapter 8 (Public Procurement) of Title IV (Trade and trade-related matters).
            
         
               (11)
            
            
               It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to the update of Annex XXI to the Agreement to be adopted by the Association Committee in Trade configuration.
            
         
               (12)
            
            
               Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation and institutional capacity building. This roadmap shall comply with the phases and time schedules set out in Annex XXI-A to the Agreement.
            
         
               (13)
            
            
               Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation i.e. for the legislative approximation of the public procurement related legislation to the Union acquis.
            
         
               (14)
            
            
               It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to a favourable opinion regarding the comprehensive roadmap to be adopted by the Association Committee in Trade configuration,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on behalf of the European Union in the Association Committee in Trade configuration established by Article 465 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), in relation to the update of Annex XXI of the Agreement shall be based on the draft Decision of that Committee, attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council of the European Union.
   Article 2
   The position to be adopted on behalf of the Union within the Association Committee in Trade configuration established by Article 465 of the Agreement, in relation to the favourable opinion regarding the comprehensive roadmap shall be based on the draft Decision of that Committee referred to in Article 1(1).
   Article 3
   The Decisions of the Association Committee in Trade configuration shall be published in the Official Journal of the European Union after their adoption.
   Article 4
   This Decision shall enter into force on the date of its adoption.
   
      Done at Brussels, 12 December 2016.
      
         
            For the Council
         
         
            The President
         
         F. MOGHERINI
      
   
   
      (1)  OJ L 161, 29.5.2014, p. 3.
   
      (2)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).
   
      (3)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4).
   
      DRAFT
      DECISION No 1/2016 OF THE EU-UKRAINE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
      of …
      updating Annex XXI to the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement
      THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), and in particular Article 149, Article 153 and Article 463 thereof,
      Whereas:
      
                  (1)
               
               
                  In accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016.
               
            
                  (2)
               
               
                  Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement.
               
            
                  (3)
               
               
                  Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement.
               
            
                  (4)
               
               
                  Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:
                  
                              (a)
                           
                           
                              Directive 2014/23/EU of the European Parliament and of the Council (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).
                           
                        
            
                  (5)
               
               
                  The above-mentioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170 (5), (EU) 2015/2171 (6) and (EU) 2015/2172 (7), respectively.
               
            
                  (6)
               
               
                  Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.
               
            
                  (7)
               
               
                  It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement.
               
            
                  (8)
               
               
                  The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis.
               
            
                  (9)
               
               
                  Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions.
               
            
                  (10)
               
               
                  The EU-Ukraine Association Council empowered the Association Committee in Trade configuration in its Decision No 3/2014 (8) of 15 December 2014 to update or amend certain trade-related annexes.
               
            
                  (11)
               
               
                  Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis.
               
            
                  (12)
               
               
                  Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union acquis.
               
            
                  (13)
               
               
                  It is therefore appropriate for the Association Committee in Trade configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap,
               
            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XXI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex, which is attached to this Decision.
      Article 2
      A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the government of Ukraine on 24 February 2016.
      Article 3
      This Decision shall enter into force on the date of its adoption.
      
         Done at …,
         
            
               For the Association Committee in Trade configuration
            
            
               The Chair
            
         
      
      
         (1)  OJ L 161, 29.5.2014, p. 3.
      
         (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).
      
         (5)  Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 5).
      
         (6)  Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 7).
      
         (7)  Commission Delegated Regulation (EU) 2015/2172 of 24 November 2015 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 9).
      
         (8)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4).
      
         ANNEX XXI-A TO CHAPTER 8
         INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, LEGISLATIVE APPROXIMATION AND MARKET ACCESS
         
                     Phase
                  
                  
                      
                  
                  
                     Indicative time schedule
                  
                  
                     Market access granted to the EU by Ukraine
                  
                  
                     Market access granted to Ukraine by the EU
                  
                  
                      
                  
               
                     1.
                  
                  
                     Implementation of Articles 150(2) and 151 of this Agreement
                     Agreement of the Reform Strategy set out in Article 152 of this Agreement
                  
                  
                     6 months after the entry into force of this Agreement
                  
                  
                     Supplies for central government authorities
                  
                  
                     Supplies for central government authorities
                  
                  
                      
                  
               
                     2.
                  
                  
                     Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC
                  
                  
                     3 years after the entry into force of this Agreement
                  
                  
                     Supplies for state, regional and local authorities and bodies governed by public law
                  
                  
                     Supplies for state, regional and local authorities and bodies governed by public law
                  
                  
                     Annexes XXI-B and XXI-C
                  
               
                     3.
                  
                  
                     Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC
                  
                  
                     4 years after the entry into force of this Agreement
                  
                  
                     Supplies for all contracting entities in the utilities sector
                  
                  
                     Supplies for all contracting entities
                  
                  
                     Annexes XXI-D and XXI-E
                  
               
                     4.
                  
                  
                     Approximation and implementation of other elements of Directive 2014/24/EU. Approximation and implementation of Directive 2014/23/EU
                  
                  
                     6 years after the entry into force of this Agreement
                  
                  
                     Service and works contracts and concessions for all contracting authorities
                  
                  
                     Service and works contracts and concessions for all contracting authorities
                  
                  
                     Annexes XXI-F, XXI-G, and XXI-H
                  
               
                     5.
                  
                  
                     Approximation and implementation of other elements of Directive 2014/25/EU
                  
                  
                     8 years after the entry into force of this Agreement
                  
                  
                     Service and works contracts for all contracting entities in the utilities sector
                  
                  
                     Service and works contracts for all contracting entities in the utilities sector
                  
                  
                     Annexes XXI-I and XXI-J
                  
               
      
         ANNEX XXI-B TO CHAPTER 8
         BASIC ELEMENTS OF DIRECTIVE 2014/24/EU
         of 26 February 2014 on public procurement
         (Phase 2)
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions
         
                     Section 1
                  
                  Subject-matter and definitions
                  
               
                     Article 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), (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 to 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 REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)
                  
               
                     ANNEX III
                  
                  LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED 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 REFFERED TO IN ARTICLE 74
                  
               
      
         ANNEX XXI-C TO CHAPTER 8
         BASIC ELEMENTS OF DIRECTIVE 89/665/EEC
         of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (Directive 89/665/EEC)
         as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Directive 2007/66/EC) and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (Directive 2014/23/EU)
         (Phase 2)
         
                     Article 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 of Article 2b
                  
                  
               
                     Article 2c
                  
                  Time limits for applying for review
                  
               
                     Article 2d
                  
                  
                     Ineffectiveness
                     Paragraph 1(b)
                     Paragraphs 2 and 3
                  
                  
               
                     Article 2e
                  
                  Infringements of this Directive and alternative penalties
                  
               
                     Article 2f
                  
                  Time limits
                  
               
      
         ANNEX XXI-D TO CHAPTER 8
         BASIC ELEMENTS OF DIRECTIVE 2014/25/EU
         of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors
         (Phase 3)
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions
         
                     Article 1
                  
                  Subject-matter and scope: paragraphs 1, 2, 5 and 6
                  
               
                     Article 2
                  
                  Definitions: points 1 to 9, 13 to 16 and 18 to 20
                  
               
                     Article 3
                  
                  Contracting authorities (paragraphs 1 and 4)
                  
               
                     Article 4
                  
                  Contracting entities: paragraphs 1 to 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: paragraphs 1 to 4 and 7 to 14
                  
               
                     Section 2
                  
                  Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects
                  
               
                     Subsection 1
                  
                  Exclusions applicable to all contracting entities and special exclusions for the water and energy sector
                  
               
                     Article 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 and 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) to (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 and 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 contract
                  
               
                     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 and 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 to 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 A
                  
                  Information to be included in the periodic indicative notice (as referred to in Article 67)
                  
               
                     ANNEX VI 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 invitation 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 XXI-E TO CHAPTER 8
         BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
         of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (Directive 92/13/EEC)
         as amended by Directive 2007/66/EC and Directive 2014/23/EU
         (Phase 3)
         
                     Article 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 of Article 2b
                  
                  
               
                     Article 2c
                  
                  Time limits for applying for review
                  
               
                     Article 2d
                  
                  
                     Ineffectiveness
                     Paragraphs 1(b), 2 and 3
                  
                  
               
                     Article 2e
                  
                  Infringements of this Directive and alternative penalties
                  
               
                     Article 2f
                  
                  Time limits
                  
               
      
         ANNEX XXI-F TO CHAPTER 8I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU(Phase 4)
         The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions
         
                     Section 1
                  
                  Subject-matter and definitions
                  
               
                     Article 2
                  
                  Definitions (paragraph 1, points (14) and (16))
                  
               
                     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
                  
               
                     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
         
                     Article 77
                  
                  Reserved contracts for certain services
                  
               II.   NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU(Phase 4)
         The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
         TITLE I
         Subject matter, scope, principles and definitions
         CHAPTER I
         Scope, general principles and definitions
         
                     Section IV
                  
                  Specific situations
                  
               
                     Article 24
                  
                  Reserved Concessions
                  
               
      
         ANNEX XXI-G TO CHAPTER 8I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU(Phase 4)
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions
         
                     Section 1
                  
                  Subject-matter and definitions
                  
               
                     Article 2
                  
                  Definitions (paragraph 1, point (21))
                  
               
                     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(Phase 4)
         TITLE I
         Subject matter, scope, principles and definitions
         CHAPTER I
         Scope, general principles and definitions
         
                     Section I
                  
                  Subject-matter, scope, general principles, definitions and threshold
                  
               
                     Article 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
                  
               
                     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 XXI-H TO CHAPTER 8
         OTHER ELEMENTS OF DIRECTIVE 89/665/EEC
         as amended by Directive 2007/66/EC and Directive 2014/23/EU
         (Phase 4)
         
                     Article 2b
                  
                  
                     Derogations from the standstill period
                     Point (c) of the first paragraph of Article 2b
                  
                  
               
                     Article 2d
                  
                  
                     Ineffectiveness
                     Point (c) of the first paragraph of Article 2d
                     Paragraph 5
                  
                  
               
      
         ANNEX XXI-I TO CHAPTER 8
         (Phase 5)
         I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions
         
                     Article 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 contract
                  
               
                     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
                  
                  Decision 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))
                  
               II.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
         The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B.
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions
         
                     Article 2
                  
                  Definitions: points 10 to 12
                  
               CHAPTER IV
         General principles
         
                     Article 38
                  
                  Reserved contracts
                  
               TITLE II
         Rules applicable to contracts
         CHAPTER I
         Procedures
         
                     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
                  
               
      
         ANNEX XXI-J TO CHAPTER 8
         OTHER ELEMENTS OF DIRECTIVE 92/13/EEC
         as amended by Directive 2007/66/EC and Directive 2014/23/EU
         (Phase 5)
         
                     Article 2b
                  
                  
                     Derogations from the standstill period
                     Point (c) of the first paragraph of Article 2b
                  
                  
               
                     Article 2d
                  
                  
                     Ineffectiveness
                     Point (c) of paragraph 1 of Article 2d,
                     Paragraph 5
                  
                  
               
      
         ANNEX XXI-K TO CHAPTER 8
         I.   PROVISIONS OF DIRECTIVE 2014/24/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements of Directive 2014/24/EU listed in this Annex are not subject to the process of approximation.
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions
         
                     Section 1
                  
                  Subject-matter and definitions
                  
               
                     Article 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
                  
               
                     Article 61
                  
                  Online repository of certificates (e-Certis)
                  
               
                     Article 62
                  
                  Quality assurance standards and environmental management standards: paragraph 3
                  
               
                     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 OUTSIDE THE SCOPE OF APPROXIMATION
         The elements of Directive 2014/23/EU listed in this Annex are not subject to the process of approximation.
         TITLE I
         Subject matter, scope, principles and definitions
         CHAPTER I
         Scope, general principles and definitions
         
                     Section I
                  
                  Subject-matter, scope, general principles, definitions and threshold
                  
               
                     Article 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 Directive 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 XXI-L TO CHAPTER 8
         PROVISIONS OF DIRECTIVE 2014/25/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements listed in this Annex are not subject to the process of approximation.
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions
         
                     Article 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 contract
                  
               
                     Article 81
                  
                  Quality assurance standards and environmental management standards: paragraph 3
                  
               
                     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 XXI-M TO CHAPTER 8
         PROVISIONS OF DIRECTIVE 89/665/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements listed in this Annex are not subject to the process of approximation.
         
                     Article 2b
                  
                  
                     Derogations from the standstill period
                     Point (a) of the first paragraph of Article 2b
                  
                  
               
                     Article 2d
                  
                  
                     Ineffectiveness
                     Point (a) of paragraph 1 of Article 2d,
                     Paragraph 4
                  
                  
               
                     Article 3
                  
                  Corrective Mechanisms
                  
               
                     Article 3a
                  
                  Content of the notice for voluntary ex ante transparency
                  
               
                     Article 3b
                  
                  Committee Procedure
                  
               
                     Article 4
                  
                  Implementation
                  
               
                     Article 4a
                  
                  Review
                  
               
      
         ANNEX XXI-N TO CHAPTER 8
         PROVISIONS OF DIRECTIVE 92/13/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements listed in this Annex are not subject to the process of approximation.
         
                     Article 2b
                  
                  
                     Derogations from the standstill period
                     Point (a) of the first paragraph of Article 2b
                  
                  
               
                     Article 2d
                  
                  
                     Ineffectiveness
                     Point (a) of paragraph 1 of Article 2d,
                     Paragraph 4
                  
                  
               
                     Article 3a
                  
                  Content of the notice for voluntary ex ante transparency
                  
               
                     Article 3b
                  
                  Committee Procedure
                  
               
                     Article 8
                  
                  Corrective Mechanisms
                  
               
                     Article 12
                  
                  Implementation
                  
               
                     Article 12a
                  
                  Review
                  
               
      
         ANNEX XXI-O TO CHAPTER 8
         UKRAINE: INDICATIVE LIST OF ISSUES FOR COOPERATION
         
                  
                     1.
                  
                  
                     Training, in Ukraine and EU countries, of Ukrainian officials from government bodies engaged in public procurement;
                  
               
                  
                     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 150 paragraph 2 of this Agreement)
                  
               
      
         ANNEX XXI-P TO CHAPTER 8
         THRESHOLDS
         
                  
                     1.
                  
                  
                     The value thresholds mentioned in Article 149(3) of this Agreement shall be for both Parties:
                     
                                 (a)
                              
                              
                                 EUR 135 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
                              
                           
                                 (b)
                              
                              
                                 EUR 209 000 in the case of public supply and public service contracts not covered by point (a);
                              
                           
                                 (c)
                              
                              
                                 EUR 5 225 000 in the case of public works contracts;
                              
                           
                                 (d)
                              
                              
                                 EUR 5 225 000 in the case of works contracts in the utilities sector;
                              
                           
                                 (e)
                              
                              
                                 EUR 5 225 000 in the case of concessions;
                              
                           
                                 (f)
                              
                              
                                 EUR 418 000 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.
                              
                           
               
                  
                     2.
                  
                  
                     The EUR thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds applicable under the EU Directives at the moment of the entry into force of this Agreement.