CELEX: 32018D1303
Language: en
Date: 2018-09-18 00:00:00
Title: Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken on behalf of the European Union within 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 Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement

28.9.2018   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 244/81
               
            
         COUNCIL DECISION (EU) 2018/1303
         of 18 September 2018
         on the position to be taken on behalf of the European Union within 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 Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:
         
                     (1)
                  
                  
                     The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2016/838 (2) and entered into force on 1 July 2016.
                  
               
                     (2)
                  
                  
                     Pursuant to Article 406(3) of the Agreement, the Association Council has the power to update or amend the Annexes to the Agreement.
                  
               
                     (3)
                  
                  
                     Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.
                  
               
                     (4)
                  
                  
                     Pursuant to Article 1 of the Decision No 3/2014 of the Association Council (3), the Association Council delegated the power to update or amend the Annexes to the Agreement which relate inter alia to Chapter 3 (Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and Chapter 8 (Public Procurement) of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, to the extent that there are no specific provisions in Chapter 3 and Chapter 8 relating to the update or the amendment of those Annexes.
                  
               
                     (5)
                  
                  
                     Pursuant to Article 47(1) of the Agreement, Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.
                  
               
                     (6)
                  
                  
                     Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusion of negotiations of the Agreement. It is necessary to update those Annexes by adding a number of acts that implement, amend, supplement or replace the measures listed therein.
                  
               
                     (7)
                  
                  
                     It is therefore appropriate to establish the position to be taken on behalf of the Union in the Association Committee in Trade configuration with regard to the envisaged adoption of decisions regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement.
                  
               
                     (8)
                  
                  
                     It is appropriate to publish in the Official Journal of the European Union, after their adoption, the decisions of the Association Committee in Trade configuration updating Annex III and Annex XVI to the Agreement.
                  
               
                     (9)
                  
                  
                     In the Association Committee in Trade configuration, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union,
                  
               HAS ADOPTED THIS DECISION:
         
            Article 1
            The position to be taken on the Union's behalf within the Association Committee in Trade configuration shall be based on the following draft Decisions of the Association Committee in Trade configuration attached to this Decision:
            
                        (a)
                     
                     
                        Decision No 1/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology;
                     
                  
                        (b)
                     
                     
                        Decision No 2/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex XVI to the Agreement (public procurement).
                     
                  
         
            Article 2
            After their adoption, the Decisions of the Association Committee in Trade configuration referred to in Article 1 shall be published in the Official Journal of the European Union.
         
         
            Article 3
            This Decision is addressed to the Commission.
         
         
            Done at Brussels, 18 September 2018.
            
               
                  For the Council
               
               
                  The President
               
               G. BLÜMEL
            
         
         
            (1)  OJ L 261, 30.8.2014, p. 4.
         
            (2)  Council Decision (EU) 2016/838 of 23 May 2016 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (OJ L 141, 28.5.2016, p. 26).
         
            (3)  Decision No 3/2014 of the EU-Georgia Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263] (OJ L 321, 5.12.2015, p. 72.).
      
      
         
            DRAFT
            DECISION No 1/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
            of … 2018
            updating Annex III-A to the Association Agreement
            THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
            Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 47 thereof,
            Whereas:
            
                        (1)
                     
                     
                        In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016.
                     
                  
                        (2)
                     
                     
                        Article 47 of the Agreement provides that Georgia is to gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.
                     
                  
                        (3)
                     
                     
                        Several Union acts listed in Annex III-A to the Agreement have been recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia.
                     
                  
                        (4)
                     
                     
                        It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex.
                     
                  
                        (5)
                     
                     
                        In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety and replaced.
                     
                  
                        (6)
                     
                     
                        It is appropriate to provide for a period for Georgia to implement the new Union acts in its domestic legislation. Accordingly, new deadlines for approximation of Georgia to the Union acts listed in Annex III-A should be indicated therein,
                     
                  HAS ADOPTED THIS DECISION:
            
               Article 1
               Annex III-A to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.
            
            
               Article 2
               This Decision shall enter into force on the date of its adoption.
            
            
               Done at …,
               
                  
                     For the Association Committee in Trade configuration
                  
                  
                     The Chair
                  
               
            
         
         
            
               ANNEX
               ‘
                     
                        ANNEX III-A
                        
                           LIST OF SECTORAL LEGISLATION FOR APPROXIMATION
                        
                        The following list reflects Georgia's priorities with regard to the approximation of the Union's New Approach and Global Approach Directives as included in the Government of Georgia's Strategy in Standardisation, Accreditation, Conformity Assessment, Technical Regulation and Metrology and Programme on Legislative Reform and Adoption of Technical Regulations, of March 2010.
                        
                                    1.
                                 
                                 
                                    Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (1)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    2.
                                 
                                 
                                    Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast) (2)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    3.
                                 
                                 
                                    Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast) (3)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    4.
                                 
                                 
                                    Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (4)
                                    
                                    Timetable: during 2013
                                 
                              
                                    5.
                                 
                                 
                                    Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast) (5)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    6.
                                 
                                 
                                    Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (6)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    7.
                                 
                                 
                                    Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses (7)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    8.
                                 
                                 
                                    Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (8)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    9.
                                 
                                 
                                    Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (9)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    10.
                                 
                                 
                                    Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (10)
                                    
                                    Timetable: within eight years of the entry into force of this Agreement
                                 
                              
                                    11.
                                 
                                 
                                    Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) (11)
                                    
                                    Timetable: within eight years of the entry into force of this Agreement
                                 
                              
                                    12.
                                 
                                 
                                    Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (12)
                                    
                                    Timetable: within eight years of the entry into force of this Agreement
                                 
                              
                                    13.
                                 
                                 
                                    Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (13)
                                    
                                    Timetable: within eight years of the entry into force of this Agreement
                                 
                              
                                    14.
                                 
                                 
                                    Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (14)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    15.
                                 
                                 
                                    Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (15)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    16.
                                 
                                 
                                    Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (16)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    17.
                                 
                                 
                                    Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (17)
                                    
                                    Timetable: within five years of the entry into force of this Agreement
                                 
                              
                                    18.
                                 
                                 
                                    Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (18)
                                    
                                    Timetable: within eight years of the entry into force of this Agreement
                                 
                              
                                    19.
                                 
                                 
                                    Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast) (19)
                                    
                                    Timetable: within eight years of the entry into force of this Agreement
                                 
                              
                                    20.
                                 
                                 
                                    Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (20)
                                    
                                    Timetable: within eight years of the entry into force of this Agreement
                                 
                              
                  ’.
               
                  (1)  OJ L 81, 31.3.2016, p. 1.
               
                  (2)  OJ L 96, 29.3.2014, p. 251.
               
                  (3)  OJ L 189, 27.6.2014, p. 164.
               
                  (4)  OJ L 167, 22.6.1992, p. 17.
               
                  (5)  OJ L 96, 29.3.2014, p. 45.
               
                  (6)  OJ L 354, 28.12.2013, p. 90.
               
                  (7)  OJ L 94, 5.4.2008, p. 8.
               
                  (8)  OJ L 96, 29.3.2014, p. 309.
               
                  (9)  OJ L 153, 22.5.2014, p. 62.
               
                  (10)  OJ L 96, 29.3.2014, p. 79.
               
                  (11)  OJ L 96, 29.3.2014, p. 357.
               
                  (12)  OJ L 117, 5.5.2017, p. 1.
               
                  (13)  OJ L 117, 5.5.2017, p. 176.
               
                  (14)  OJ L 81, 31.3.2016, p. 99.
               
                  (15)  OJ L 81, 31.3.2016, p. 51.
               
                  (16)  OJ L 157, 9.6.2006, p. 24.
               
                  (17)  OJ L 170, 30.6.2009, p. 1.
               
                  (18)  OJ L 88, 4.4.2011, p. 5.
               
                  (19)  OJ L 96, 29.3.2014, p. 107.
               
                  (20)  OJ L 96, 29.3.2014, p. 149.
            
         
      
      
         
            DRAFT
            DECISION No 2/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
            of … 2018
            updating Annex XVI to the Association Agreement
            THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
            Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 142, Article 146 and Article 408 thereof,
            Having regard to Decision No 3/2014 of the Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (1),
            Whereas:
            
                        (1)
                     
                     
                        In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016.
                     
                  
                        (2)
                     
                     
                        Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement, and that such revision is to be adopted by a decision of the Association Committee in Trade configuration.
                     
                  
                        (3)
                     
                     
                        Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration.
                     
                  
                        (4)
                     
                     
                        Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided for in Annex XVI-B to the Agreement.
                     
                  
                        (5)
                     
                     
                        Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:
                        
                                    (a)
                                 
                                 
                                    Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (2);
                                 
                              
                                    (b)
                                 
                                 
                                    Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (3);
                                 
                              
                                    (c)
                                 
                                 
                                    Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (4).
                                 
                              
                  
                        (6)
                     
                     
                        It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 142 and 146 of the Agreement.
                     
                  
                        (7)
                     
                     
                        In the interest of clarity, Annex XVI should be updated in its entirety and replaced,
                     
                  HAS ADOPTED THIS DECISION:
            
               Article 1
               Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.
            
            
               Article 2
               This Decision shall enter into force on the date of its adoption.
            
            
               Done at …,
               
                  
                     For the Association Committee in Trade configuration
                  
                  
                     The Chair
                  
               
            
            
               (1)  OJ L 321, 5.12.2015, p. 72.
            
               (2)  OJ L 94, 28.3.2014, p. 1.
            
               (3)  OJ L 94, 28.3.2014, p. 65.
            
               (4)  OJ L 94, 28.3.2014, p. 243.
         
         
            
               ANNEX
               ‘
                     
                        ANNEX XVI
                        
                           PUBLIC PROCUREMENT
                        
                         
                     
                  
                  
                     
                        ANNEX XVI-A
                        
                           THRESHOLDS
                        
                        The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties:
                        
                                    (a)
                                 
                                 
                                    EUR 144 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
                                 
                              
                                    (b)
                                 
                                 
                                    EUR 221 000 in the case of public supply and public service contracts not covered by point (a);
                                 
                              
                                    (c)
                                 
                                 
                                    EUR 5 548 000 in the case of public works contracts;
                                 
                              
                                    (d)
                                 
                                 
                                    EUR 5 548 000 in the case of works contracts in the utilities sector;
                                 
                              
                                    (e)
                                 
                                 
                                    EUR 5 548 000 in the case of concessions;
                                 
                              
                                    (f)
                                 
                                 
                                    EUR 443 000 in the case of supply and service contracts in the utilities sector;
                                 
                              
                                    (g)
                                 
                                 
                                    EUR 750 000 for public service contracts for social and other specific services;
                                 
                              
                                    (h)
                                 
                                 
                                    EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.
                                 
                              
                  
                  
                     
                        ANNEX XVI-B
                        
                           INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS
                        
                        
                                    Phase
                                 
                                 
                                     
                                 
                                 
                                    Indicative time schedule
                                 
                                 
                                    Market access granted to the EU by Georgia
                                 
                                 
                                    Market access granted to Georgia by the EU
                                 
                                 
                                     
                                 
                              
                                    1
                                 
                                 
                                    Implementation of Articles 143(2) and 144 of this Agreement
                                    Agreement of the Reform Strategy set out in Article 145 of this Agreement
                                 
                                 
                                    Three years after the entry into force of this Agreement
                                 
                                 
                                    Supplies for central government authorities
                                 
                                 
                                    Supplies for central government authorities
                                 
                                 
                                     
                                 
                              
                                    2
                                 
                                 
                                    Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC
                                 
                                 
                                    Five years after the entry into force of this Agreement
                                 
                                 
                                    Supplies for state, regional and local authorities and bodies governed by public law
                                 
                                 
                                    Supplies for state, regional and local authorities and bodies governed by public law
                                 
                                 
                                    Annexes XVI-C and XVI-D
                                 
                              
                                    3
                                 
                                 
                                    Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC
                                 
                                 
                                    Six years after the entry into force of this Agreement
                                 
                                 
                                    Supplies for all contracting entities in the utilities sector
                                 
                                 
                                    Supplies for all contracting entities
                                 
                                 
                                    Annexes XVI-E and XVI-F
                                 
                              
                                    4
                                 
                                 
                                    Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EU
                                 
                                 
                                    Seven years after the entry into force of this Agreement
                                 
                                 
                                    Service and works contracts and concessions for all contracting authorities
                                 
                                 
                                    Service and works contracts and concessions for all contracting authorities
                                 
                                 
                                    Annexes XVI-G, XVI-H, and XVI-I
                                 
                              
                                    5
                                 
                                 
                                    Approximation and implementation of other elements of Directive 2014/25/EU
                                 
                                 
                                    Eight years after the entry into force of this Agreement
                                 
                                 
                                    Service and works contracts for all contracting entities in the utilities sector
                                 
                                 
                                    Service and works contracts for all contracting entities in the utilities sector
                                 
                                 
                                    Annexes XVI-J and XVI-K
                                 
                              
                  
                  
                     
                        ANNEX XVI-C
                        
                           BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (1)
                        
                        (Phase 2)
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Scope and definitions
                                 
                              
                                    Section 1
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 1
                                 
                                 
                                    Subject-matter and scope: paragraphs 1, 2, 5 and 6
                                 
                              
                                    Article 2
                                 
                                 
                                    Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24)
                                 
                              
                                    Article 3
                                 
                                 
                                    Mixed procurement
                                 
                              
                                    Section 2
                                 
                                 
                                    Thresholds
                                 
                              
                                    Article 4
                                 
                                 
                                    Threshold amounts
                                 
                              
                                    Article 5
                                 
                                 
                                    Methods for calculating the estimated value of procurement
                                 
                              
                                    Section 3
                                 
                                 
                                    Exclusions
                                 
                              
                                    Article 7
                                 
                                 
                                    Contracts in the water, energy, transport and postal services sectors
                                 
                              
                                    Article 8
                                 
                                 
                                    Specific exclusions in the field of electronic communications
                                 
                              
                                    Article 9
                                 
                                 
                                    Public contracts awarded and design contests organised pursuant to international rules
                                 
                              
                                    Article 10
                                 
                                 
                                    Specific exclusions for service contracts
                                 
                              
                                    Article 11
                                 
                                 
                                    Service contracts awarded on the basis of an exclusive right
                                 
                              
                                    Article 12
                                 
                                 
                                    Public contracts between entities within the public sector
                                 
                              
                                    Section 4
                                 
                                 
                                    Specific situations
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Subsidised contracts and research and development services
                                 
                              
                                    Article 13
                                 
                                 
                                    Contracts subsidised by contracting authorities
                                 
                              
                                    Article 14
                                 
                                 
                                    Research and development services
                                 
                              
                                    Subsection 2:
                                 
                                 
                                    Procurement involving defence and security aspects
                                 
                              
                                    Article 15
                                 
                                 
                                    Defence and security
                                 
                              
                                    Article 16
                                 
                                 
                                    Mixed procurement involving defence or security aspects
                                 
                              
                                    Article 17
                                 
                                 
                                    Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    General Rules
                                 
                              
                                    Article 18
                                 
                                 
                                    Principles of procurement
                                 
                              
                                    Article 19
                                 
                                 
                                    Economic operators
                                 
                              
                                    Article 21
                                 
                                 
                                    Confidentiality
                                 
                              
                                    Article 22
                                 
                                 
                                    Rules applicable to communication: paragraphs 2-6
                                 
                              
                                    Article 23
                                 
                                 
                                    Nomenclatures
                                 
                              
                                    Article 24
                                 
                                 
                                    Conflicts of interest
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES ON PUBLIC CONTRACTS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Procedures
                                 
                              
                                    Article 26
                                 
                                 
                                    Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6
                                 
                              
                                    Article 27
                                 
                                 
                                    Open procedure
                                 
                              
                                    Article 28
                                 
                                 
                                    Restricted procedure
                                 
                              
                                    Article 29
                                 
                                 
                                    Competitive procedure with negotiation
                                 
                              
                                    Article 32
                                 
                                 
                                    Use of the negotiated procedure without prior publication
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Conduct of the procedure
                                 
                              
                                    Section 1
                                 
                                 
                                    Preparation
                                 
                              
                                    Article 40
                                 
                                 
                                    Preliminary market consultations
                                 
                              
                                    Article 41
                                 
                                 
                                    Prior involvement of candidates or tenderers
                                 
                              
                                    Article 42
                                 
                                 
                                    Technical specifications
                                 
                              
                                    Article 43
                                 
                                 
                                    Labels
                                 
                              
                                    Article 44
                                 
                                 
                                    Test reports, certification and other means of proof: paragraphs 1, 2
                                 
                              
                                    Article 45
                                 
                                 
                                    Variants
                                 
                              
                                    Article 46
                                 
                                 
                                    Division of contracts into lots
                                 
                              
                                    Article 47
                                 
                                 
                                    Setting time limits
                                 
                              
                                    Section 2
                                 
                                 
                                    Publication and transparency
                                 
                              
                                    Article 48
                                 
                                 
                                    Prior information notices
                                 
                              
                                    Article 49
                                 
                                 
                                    Contract notices
                                 
                              
                                    Article 50
                                 
                                 
                                    Contract award notices: paragraphs 1 and 4
                                 
                              
                                    Article 51
                                 
                                 
                                    Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5
                                 
                              
                                    Article 53
                                 
                                 
                                    Electronic availability of procurement documents
                                 
                              
                                    Article 54
                                 
                                 
                                    Invitations to candidates
                                 
                              
                                    Article 55
                                 
                                 
                                    Informing candidates and tenderers
                                 
                              
                                    Section 3
                                 
                                 
                                    Choice of participants and award of contracts
                                 
                              
                                    Article 56
                                 
                                 
                                    General principles
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Criteria for qualitative selection
                                 
                              
                                    Article 57
                                 
                                 
                                    Exclusion grounds
                                 
                              
                                    Article 58
                                 
                                 
                                    Selection criteria
                                 
                              
                                    Article 59
                                 
                                 
                                    European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4
                                 
                              
                                    Article 60
                                 
                                 
                                    Means of proof
                                 
                              
                                    Article 62
                                 
                                 
                                    Quality assurance standards and environmental management standards: paragraphs 1 and 2
                                 
                              
                                    Article 63
                                 
                                 
                                    Reliance on the capacities of other entities
                                 
                              
                                    Subsection 2:
                                 
                                 
                                    Reduction of numbers of candidates, tenders and solutions
                                 
                              
                                    Article 65
                                 
                                 
                                    Reduction of the number of otherwise qualified candidates to be invited to participate
                                 
                              
                                    Article 66
                                 
                                 
                                    Reduction of the number of tenders and solutions
                                 
                              
                                    Subsection 3:
                                 
                                 
                                    Award of the contract
                                 
                              
                                    Article 67
                                 
                                 
                                    Contract award criteria
                                 
                              
                                    Article 68
                                 
                                 
                                    Life-cycle costing: paragraphs 1 and 2
                                 
                              
                                    Article 69
                                 
                                 
                                    Abnormally low tenders: paragraphs 1-4
                                 
                              
                                    CHAPTER IV
                                 
                                 
                                    Contract performance
                                 
                              
                                    Article 70
                                 
                                 
                                    Conditions for performance of contracts
                                 
                              
                                    Article 71
                                 
                                 
                                    Subcontracting
                                 
                              
                                    Article 72
                                 
                                 
                                    Modification of contracts during their term
                                 
                              
                                    Article 73
                                 
                                 
                                    Termination of contracts
                                 
                              
                                    TITLE III
                                 
                                 
                                    PARTICULAR PROCUREMENT REGIMES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Social and other specific services
                                 
                              
                                    Article 74
                                 
                                 
                                    Award of contracts for social and other specific services
                                 
                              
                                    Article 75
                                 
                                 
                                    Publication of notices
                                 
                              
                                    Article 76
                                 
                                 
                                    Principles of awarding contracts
                                 
                              
                                    ANNEXES
                                 
                                 
                                     
                                 
                              
                                    ANNEX II
                                 
                                 
                                    LIST OF THE ACTIVITIES 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 BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE
                                 
                              
                                    ANNEX IV
                                 
                                 
                                    REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
                                 
                              
                                    ANNEX V
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN NOTICES
                                 
                              
                                    Part A:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE
                                 
                              
                                    Part B:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48)
                                 
                              
                                    Part C:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49)
                                 
                              
                                    Part D:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50)
                                 
                              
                                    Part G:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1))
                                 
                              
                                    Part H:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))
                                 
                              
                                    Part I:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))
                                 
                              
                                    Part J:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2))
                                 
                              
                                    ANNEX VII
                                 
                                 
                                    DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
                                 
                              
                                    ANNEX IX
                                 
                                 
                                    CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54
                                 
                              
                                    ANNEX X
                                 
                                 
                                    LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)
                                 
                              
                                    ANNEX XII
                                 
                                 
                                    MEANS OF PROOF OF SELECTION CRITERIA
                                 
                              
                                    ANNEX XIV
                                 
                                 
                                    SERVICES REFFERED TO IN ARTICLE 74
                                 
                              
                  
                  
                     
                        ANNEX XVI-D
                        
                           BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC (2)
                        
                        as amended by Directive 2007/66/EC of the European Parliament and of the Council (3) and Directive 2014/23/EU of the European Parliament and of the Council (4) (5)
                        
                        (Phase 2)
                        
                                    Article 1
                                 
                                 
                                    Scope and availability of review procedures
                                 
                              
                                    Article 2
                                 
                                 
                                    Requirements for review procedures
                                 
                              
                                    Article 2a
                                 
                                 
                                    Standstill period
                                 
                              
                                    Article 2b
                                 
                                 
                                    Derogations from the standstill period
                                 
                              
                                     
                                 
                                 
                                    Point (b) of the first paragraph
                                 
                              
                                    Article 2c
                                 
                                 
                                    Time limits for applying for review
                                 
                              
                                    Article 2d
                                 
                                 
                                    Ineffectiveness
                                 
                              
                                     
                                 
                                 
                                    Point (b) of paragraph 1
                                 
                              
                                     
                                 
                                 
                                    Paragraph 2 and 3
                                 
                              
                                    Article 2e
                                 
                                 
                                    Infringements of this Directive and alternative penalties
                                 
                              
                                    Article 2f
                                 
                                 
                                    Time limits
                                 
                              
                  
                  
                     
                        ANNEX XVI-E
                        
                           BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (6)
                        
                        (Phase 3)
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 1
                                 
                                 
                                    Subject-matter and scope: paragraphs 1, 2, 5 and 6
                                 
                              
                                    Article 2
                                 
                                 
                                    Definitions: points 1-9, 13-16 and 18-20
                                 
                              
                                    Article 3
                                 
                                 
                                    Contracting authorities (paragraphs 1 and 4)
                                 
                              
                                    Article 4
                                 
                                 
                                    Contracting entities: paragraphs 1-3
                                 
                              
                                    Article 5
                                 
                                 
                                    Mixed procurement covering the same activity
                                 
                              
                                    Article 6
                                 
                                 
                                    Procurement covering several activities
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Activities
                                 
                              
                                    Article 7
                                 
                                 
                                    Common provisions
                                 
                              
                                    Article 8
                                 
                                 
                                    Gas and heat
                                 
                              
                                    Article 9
                                 
                                 
                                    Electricity
                                 
                              
                                    Article 10
                                 
                                 
                                    Water
                                 
                              
                                    Article 11
                                 
                                 
                                    Transport services
                                 
                              
                                    Article 12
                                 
                                 
                                    Ports and airports
                                 
                              
                                    Article 13
                                 
                                 
                                    Postal services
                                 
                              
                                    Article 14
                                 
                                 
                                    Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Material scope
                                 
                              
                                    Section 1
                                 
                                 
                                    Thresholds
                                 
                              
                                    Article 15
                                 
                                 
                                    Threshold amounts
                                 
                              
                                    Article 16
                                 
                                 
                                    Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14
                                 
                              
                                    Section 2
                                 
                                 
                                    Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors
                                 
                              
                                    Article 18
                                 
                                 
                                    Contracts awarded for purposes of resale or lease to third parties: paragraph 1
                                 
                              
                                    Article 19
                                 
                                 
                                    Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1
                                 
                              
                                    Article 20
                                 
                                 
                                    Contracts awarded and design contests organised pursuant to international rules
                                 
                              
                                    Article 21
                                 
                                 
                                    Specific exclusions for service contracts
                                 
                              
                                    Article 22
                                 
                                 
                                    Service contracts awarded on the basis of an exclusive right
                                 
                              
                                    Article 23
                                 
                                 
                                    Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
                                 
                              
                                    Subsection 2:
                                 
                                 
                                    Procurement involving defence and security aspects
                                 
                              
                                    Article 24
                                 
                                 
                                    Defence and security
                                 
                              
                                    Article 25
                                 
                                 
                                    Mixed procurement covering the same activity and involving defence or security aspects
                                 
                              
                                    Article 26
                                 
                                 
                                    Procurement covering several activities and involving defence or security aspects
                                 
                              
                                    Article 27
                                 
                                 
                                    Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
                                 
                              
                                    Subsection 3:
                                 
                                 
                                    Special relations (cooperation, affiliated undertakings and joint ventures)
                                 
                              
                                    Article 28
                                 
                                 
                                    Contracts between contracting authorities
                                 
                              
                                    Article 29
                                 
                                 
                                    Contracts awarded to an affiliated undertaking
                                 
                              
                                    Article 30
                                 
                                 
                                    Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
                                 
                              
                                    Subsection 4:
                                 
                                 
                                    Specific situations
                                 
                              
                                    Article 32
                                 
                                 
                                    Research and development services
                                 
                              
                                    CHAPTER IV
                                 
                                 
                                    General principles
                                 
                              
                                    Article 36
                                 
                                 
                                    Principles of procurement
                                 
                              
                                    Article 37
                                 
                                 
                                    Economic operators
                                 
                              
                                    Article 39
                                 
                                 
                                    Confidentiality
                                 
                              
                                    Article 40
                                 
                                 
                                    Rules applicable to communication
                                 
                              
                                    Article 41
                                 
                                 
                                    Nomenclatures
                                 
                              
                                    Article 42
                                 
                                 
                                    Conflicts of interest
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES APPLICABLE TO CONTRACTS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Procedures
                                 
                              
                                    Article 44
                                 
                                 
                                    Choice of procedures: paragraphs 1, 2, 4
                                 
                              
                                    Article 45
                                 
                                 
                                    Open procedure
                                 
                              
                                    Article 46
                                 
                                 
                                    Restricted procedure
                                 
                              
                                    Article 47
                                 
                                 
                                    Negotiated procedure with prior call for competition
                                 
                              
                                    Article 50
                                 
                                 
                                    Use of the negotiated procedure without prior call for competition: points (a) – (i)
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Conduct of the procedure
                                 
                              
                                    Section 1
                                 
                                 
                                    Preparation
                                 
                              
                                    Article 58
                                 
                                 
                                    Preliminary market consultations
                                 
                              
                                    Article 59
                                 
                                 
                                    Prior involvement of candidates or tenderers
                                 
                              
                                    Article 60
                                 
                                 
                                    Technical specifications
                                 
                              
                                    Article 61
                                 
                                 
                                    Labels
                                 
                              
                                    Article 62
                                 
                                 
                                    Test reports, certification and other means of proof
                                 
                              
                                    Article 63
                                 
                                 
                                    Communication of technical specifications
                                 
                              
                                    Article 64
                                 
                                 
                                    Variants
                                 
                              
                                    Article 65
                                 
                                 
                                    Division of contracts into lots
                                 
                              
                                    Article 66
                                 
                                 
                                    Setting time limits
                                 
                              
                                    Section 2
                                 
                                 
                                    Publication and transparency
                                 
                              
                                    Article 67
                                 
                                 
                                    Periodic indicative notices
                                 
                              
                                    Article 68
                                 
                                 
                                    Notices on the existence of a qualification system
                                 
                              
                                    Article 69
                                 
                                 
                                    Contract notices
                                 
                              
                                    Article 70
                                 
                                 
                                    Contract award notices: paragraphs 1, 3, 4
                                 
                              
                                    Article 71
                                 
                                 
                                    Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5
                                 
                              
                                    Article 73
                                 
                                 
                                    Electronic availability of procurement documents
                                 
                              
                                    Article 74
                                 
                                 
                                    Invitations to candidates
                                 
                              
                                    Article 75
                                 
                                 
                                    Informing applicants for qualification, candidates and tenderers
                                 
                              
                                    Section 3
                                 
                                 
                                    Choice of participants and award of contracts
                                 
                              
                                    Article 76
                                 
                                 
                                    General principles
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Qualification and qualitative selection
                                 
                              
                                    Article 78
                                 
                                 
                                    Criteria for qualitative selection
                                 
                              
                                    Article 79
                                 
                                 
                                    Reliance on the capacities of other entities: paragraph 2
                                 
                              
                                    Article 80
                                 
                                 
                                    Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
                                 
                              
                                    Article 81
                                 
                                 
                                    Quality assurance standards and environmental management standards: paragraphs 1, 2
                                 
                              
                                    Subsection 2:
                                 
                                 
                                    Award of the contract
                                 
                              
                                    Article 82
                                 
                                 
                                    Contract award criteria
                                 
                              
                                    Article 83
                                 
                                 
                                    Life-cycle costing: paragraphs 1 and 2
                                 
                              
                                    Article 84
                                 
                                 
                                    Abnormally low tenders: paragraphs 1-4
                                 
                              
                                    CHAPTER IV
                                 
                                 
                                    Contract performance
                                 
                              
                                    Article 87
                                 
                                 
                                    Conditions for performance of contracts
                                 
                              
                                    Article 88
                                 
                                 
                                    Subcontracting
                                 
                              
                                    Article 89
                                 
                                 
                                    Modification of contracts during their term
                                 
                              
                                    Article 90
                                 
                                 
                                    Termination of contracts
                                 
                              
                                    TITLE III
                                 
                                 
                                    PARTICULAR PROCUREMENT REGIMES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Social and other specific services
                                 
                              
                                    Article 91
                                 
                                 
                                    Award of contracts for social and other specific services
                                 
                              
                                    Article 92
                                 
                                 
                                    Publication of notices
                                 
                              
                                    Article 93
                                 
                                 
                                    Principles of awarding contracts
                                 
                              
                                    ANNEXES
                                 
                                 
                                     
                                 
                              
                                    ANNEX I
                                 
                                 
                                    List of activities as set out in point (a) of point 2 of Article 2
                                 
                              
                                    ANNEX V
                                 
                                 
                                    Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests
                                 
                              
                                    ANNEX VI
                                 
                                 
                                     
                                 
                              
                                    Part A
                                 
                                 
                                    Information to be included in the periodic indicative notice (as referred to in Article 67)
                                 
                              
                                    Part B
                                 
                                 
                                    Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))
                                 
                              
                                    ANNEX VIII
                                 
                                 
                                    Definition of certain technical specifications
                                 
                              
                                    ANNEX IX
                                 
                                 
                                    Features concerning publication
                                 
                              
                                    ANNEX X
                                 
                                 
                                    Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)
                                 
                              
                                    ANNEX XI
                                 
                                 
                                    Information to be included in contract notices (as referred to in Article 69)
                                 
                              
                                    ANNEX XII
                                 
                                 
                                    Information to be included in the contract award notice (as referred to in Article 70)
                                 
                              
                                    ANNEX XIII
                                 
                                 
                                    Contents of the invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74
                                 
                              
                                    ANNEX XIV
                                 
                                 
                                    List of International Social and Environmental Conventions referred to in Article 36(2)
                                 
                              
                                    ANNEX XVI
                                 
                                 
                                    Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))
                                 
                              
                                    ANNEX XVII
                                 
                                 
                                    Services referred to in Article 91
                                 
                              
                                    ANNEX XVIII
                                 
                                 
                                    Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)
                                 
                              
                  
                  
                     
                        ANNEX XVI-F
                        
                           BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC (7)
                        
                        as amended by Directive 2007/66/EC of the European Parliament and of the Council (8) and Directive 2014/23/EU of the European Parliament and of the Council (9) (10)
                        
                        (Phase 3)
                        
                                    Article 1
                                 
                                 
                                    Scope and availability of review procedures
                                 
                              
                                    Article 2
                                 
                                 
                                    Requirements for review procedures
                                 
                              
                                    Article 2a
                                 
                                 
                                    Standstill period
                                 
                              
                                    Article 2b
                                 
                                 
                                    Derogations from the standstill period
                                 
                              
                                     
                                 
                                 
                                    Point (b) of the first paragraph
                                 
                              
                                    Article 2c
                                 
                                 
                                    Time limits for applying for review
                                 
                              
                                    Article 2d
                                 
                                 
                                    Ineffectiveness
                                 
                              
                                     
                                 
                                 
                                    Point (b) of paragraph 1
                                 
                              
                                     
                                 
                                 
                                    Paragraphs 2 and 3
                                 
                              
                                    Article 2e
                                 
                                 
                                    Infringements of this Directive and alternative penalties
                                 
                              
                                    Article 2f
                                 
                                 
                                    Time limits
                                 
                              
                  
                  
                     
                        ANNEX XVI-G
                        (Phase 4)
                        I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (11)
                        
                        The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Scope and definitions
                                 
                              
                                    Section 1
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 2
                                 
                                 
                                    Definitions (paragraph 1, points (14) and (16))
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    General rules
                                 
                              
                                    Article 20
                                 
                                 
                                    Reserved contracts
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES ON PUBLIC CONTRACTS
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Techniques and instruments for electronic and aggregated procurement
                                 
                              
                                    Article 37
                                 
                                 
                                    Centralised purchasing activities and central purchasing bodies
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Conduct of the procedure
                                 
                              
                                    Section 3
                                 
                                 
                                    Choice of participants and award of contracts
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Criteria for qualitative selection
                                 
                              
                                    Article 64
                                 
                                 
                                    Official lists of approved economic operators and certification by bodies established under public or private law
                                 
                              
                                    TITLE III
                                 
                                 
                                    PARTICULAR PROCUREMENT REGIMES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Social and other specific services
                                 
                              
                                    Article 77
                                 
                                 
                                    Reserved contracts for certain services
                                 
                              II.   NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (12)
                        
                        The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
                        
                                    TITLE I
                                 
                                 
                                    SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Scope, general principles and definitions
                                 
                              
                                    Section IV
                                 
                                 
                                    Specific situations
                                 
                              
                                    Article 24
                                 
                                 
                                    Reserved concessions
                                 
                              
                  
                  
                     
                        ANNEX XVI-H
                        (Phase 4)
                        I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (13)
                        
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Scope and definitions
                                 
                              
                                    Section 1
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 2
                                 
                                 
                                    Definitions (paragraph 1 point (21))
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    General rules
                                 
                              
                                    Article 22
                                 
                                 
                                    Rules applicable to communication: paragraph 1
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES ON PUBLIC CONTRACTS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Procedures
                                 
                              
                                    Article 26
                                 
                                 
                                    Choice of procedures: paragraph 3, second alternative of paragraph 4
                                 
                              
                                    Article 30
                                 
                                 
                                    Competitive dialogue
                                 
                              
                                    Article 31
                                 
                                 
                                    Innovation Partnership
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Techniques and instruments for electronic and aggregated procurement
                                 
                              
                                    Article 33
                                 
                                 
                                    Framework agreements
                                 
                              
                                    Article 34
                                 
                                 
                                    Dynamic purchasing systems
                                 
                              
                                    Article 35
                                 
                                 
                                    Electronic auctions
                                 
                              
                                    Article 36
                                 
                                 
                                    Electronic catalogues
                                 
                              
                                    Article 38
                                 
                                 
                                    Occasional joint procurement
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Conduct of the procedure
                                 
                              
                                    Section 2
                                 
                                 
                                    Publication and Transparency
                                 
                              
                                    Article 50
                                 
                                 
                                    Contract award notices: paragraphs 2 and 3
                                 
                              
                                    TITLE III
                                 
                                 
                                    PARTICULAR PROCUREMENT REGIMES
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Rules governing design contests
                                 
                              
                                    Article 78
                                 
                                 
                                    Scope
                                 
                              
                                    Article 79
                                 
                                 
                                    Notices
                                 
                              
                                    Article 80
                                 
                                 
                                    Rules on the organisation of design contests and the selection of participants
                                 
                              
                                    Article 81
                                 
                                 
                                    Composition of the jury
                                 
                              
                                    Article 82
                                 
                                 
                                    Decisions of the jury
                                 
                              
                                    ANNEXES
                                 
                                 
                                     
                                 
                              
                                    ANNEX V
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN NOTICES
                                 
                              
                                    Part E:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1))
                                 
                              
                                    Part F:
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2))
                                 
                              
                                    ANNEX VI
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4))
                                 
                              II.   MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (14)
                        
                        
                                    TITLE I
                                 
                                 
                                    SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Scope, general principles and definitions
                                 
                              
                                    Section I
                                 
                                 
                                    Subject-matter, scope, general principles, definitions and threshold
                                 
                              
                                    Article 1
                                 
                                 
                                    Subject-matter and scope: paragraphs 1, 2 and 4
                                 
                              
                                    Article 2
                                 
                                 
                                    Principle of free administration by public authorities
                                 
                              
                                    Article 3
                                 
                                 
                                    Principle of equal treatment, non-discrimination and transparency
                                 
                              
                                    Article 4
                                 
                                 
                                    Freedom to define services of general economic interest
                                 
                              
                                    Article 5
                                 
                                 
                                    Definitions
                                 
                              
                                    Article 6
                                 
                                 
                                    Contracting authorities: paragraphs 1 and 4
                                 
                              
                                    Article 7
                                 
                                 
                                    Contracting entities
                                 
                              
                                    Article 8
                                 
                                 
                                    Threshold and methods for calculating the estimated value of concessions
                                 
                              
                                    Section II
                                 
                                 
                                    Exclusions
                                 
                              
                                    Article 10
                                 
                                 
                                    Exclusions applicable to concessions awarded by contracting authorities and contracting entities
                                 
                              
                                    Article 11
                                 
                                 
                                    Specific exclusions in the field of electronic communications
                                 
                              
                                    Article 12
                                 
                                 
                                    Specific exclusions in the field of water
                                 
                              
                                    Article 13
                                 
                                 
                                    Concessions awarded to an affiliated undertaking
                                 
                              
                                    Article 14
                                 
                                 
                                    Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
                                 
                              
                                    Article 17
                                 
                                 
                                    Concessions between entities within the public sector
                                 
                              
                                    Section III
                                 
                                 
                                    General provisions
                                 
                              
                                    Article 18
                                 
                                 
                                    Duration of the concession
                                 
                              
                                    Article 19
                                 
                                 
                                    Social and other specific services
                                 
                              
                                    Article 20
                                 
                                 
                                    Mixed contracts
                                 
                              
                                    Article 21
                                 
                                 
                                    Mixed procurement contracts involving defence or security aspects
                                 
                              
                                    Article 22
                                 
                                 
                                    Contracts covering both activities referred to in Annex II and other activities
                                 
                              
                                    Article 23
                                 
                                 
                                    Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
                                 
                              
                                    Section IV
                                 
                                 
                                    Specific situations
                                 
                              
                                    Article 25
                                 
                                 
                                    Research and development services
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Principles
                                 
                              
                                    Article 26
                                 
                                 
                                    Economic operators
                                 
                              
                                    Article 27
                                 
                                 
                                    Nomenclatures
                                 
                              
                                    Article 28
                                 
                                 
                                    Confidentiality
                                 
                              
                                    Article 29
                                 
                                 
                                    Rules applicable to communication
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    General principles
                                 
                              
                                    Article 30
                                 
                                 
                                    General principles: paragraphs 1, 2 and 3
                                 
                              
                                    Article 31
                                 
                                 
                                    Concession notices
                                 
                              
                                    Article 32
                                 
                                 
                                    Concession award notices
                                 
                              
                                    Article 33
                                 
                                 
                                    Form and manner of publication of notices: first subparagraph of paragraph 1
                                 
                              
                                    Article 34
                                 
                                 
                                    Electronic availability of concession documents
                                 
                              
                                    Article 35
                                 
                                 
                                    Combating corruption and preventing conflicts of interest
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Procedural guarantees
                                 
                              
                                    Article 36
                                 
                                 
                                    Technical and functional requirements
                                 
                              
                                    Article 37
                                 
                                 
                                    Procedural guarantees
                                 
                              
                                    Article 38
                                 
                                 
                                    Selection of and qualitative assessment of candidates
                                 
                              
                                    Article 39
                                 
                                 
                                    Time limits for receipt of applications and tenders for the concession
                                 
                              
                                    Article 40
                                 
                                 
                                    Provision of information to candidates and tenderers
                                 
                              
                                    Article 41
                                 
                                 
                                    Award criteria
                                 
                              
                                    TITLE III
                                 
                                 
                                    RULES ON PERFORMANCE OF CONCESSIONS
                                 
                              
                                    Article 42
                                 
                                 
                                    Subcontracting
                                 
                              
                                    Article 43
                                 
                                 
                                    Modification of contracts during their term
                                 
                              
                                    Article 44
                                 
                                 
                                    Termination of concessions
                                 
                              
                                    Article 45
                                 
                                 
                                    Monitoring and Reporting
                                 
                              
                                    ANNEXES
                                 
                                 
                                     
                                 
                              
                                    ANNEX I
                                 
                                 
                                    LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5
                                 
                              
                                    ANNEX II
                                 
                                 
                                    ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7
                                 
                              
                                    ANNEX III
                                 
                                 
                                    LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)
                                 
                              
                                    ANNEX IV
                                 
                                 
                                    SERVICES REFERRED TO IN ARTICLE 19
                                 
                              
                                    ANNEX V
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31
                                 
                              
                                    ANNEX VI
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)
                                 
                              
                                    ANNEX VII
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32
                                 
                              
                                    ANNEX VIII
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32
                                 
                              
                                    ANNEX IX
                                 
                                 
                                    FEATURES CONCERNING PUBLICATION
                                 
                              
                                    ANNEX X
                                 
                                 
                                    LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)
                                 
                              
                                    ANNEX XI
                                 
                                 
                                    INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43
                                 
                              
                  
                  
                     
                        ANNEX XVI-I
                        
                           OTHER ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC (15)
                        
                        as amended by Directive 2007/66/EC of the European Parliament and of the Council (16) and Directive 2014/23/EU of the European Parliament and of the Council (17)
                        
                        (Phase 4)
                        
                                    Article 2b
                                 
                                 
                                    Derogations from the standstill period
                                 
                              
                                     
                                 
                                 
                                    Point (c) of the first paragraph
                                 
                              
                                    Article 2d
                                 
                                 
                                    Ineffectiveness
                                 
                              
                                     
                                 
                                 
                                    Point (c) of paragraph 1
                                 
                              
                                     
                                 
                                 
                                    Paragraph 5
                                 
                              
                  
                  
                     
                        ANNEX XVI-J
                        (Phase 5)
                        I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (18)
                        
                        The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 2
                                 
                                 
                                    Definitions: points 10-12
                                 
                              
                                    CHAPTER IV
                                 
                                 
                                    General principles
                                 
                              
                                    Article 38
                                 
                                 
                                    Reserved contracts
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES APPLICABLE TO CONTRACTS
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Techniques and instruments for electronic and aggregated procurement
                                 
                              
                                    Article 55
                                 
                                 
                                    Centralised purchasing activities and central purchasing bodies
                                 
                              
                                    TITLE III
                                 
                                 
                                    PARTICULAR PROCUREMENT REGIMES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Social and other specific services
                                 
                              
                                    Article 94
                                 
                                 
                                    Reserved contracts for certain services
                                 
                              II.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (19)
                        
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 2
                                 
                                 
                                    Definitions: point 17
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Material scope
                                 
                              
                                    Section 1
                                 
                                 
                                    Thresholds
                                 
                              
                                    Article 16
                                 
                                 
                                    Methods for calculating the estimated value of procurement: paragraphs 5, 6
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES APPLICABLE TO CONTRACTS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Procedures
                                 
                              
                                    Article 44
                                 
                                 
                                    Choice of procedures: paragraph 3
                                 
                              
                                    Article 48
                                 
                                 
                                    Competitive dialogue
                                 
                              
                                    Article 49
                                 
                                 
                                    Innovation Partnership
                                 
                              
                                    Article 50
                                 
                                 
                                    Use of the negotiated procedure without prior call for competition: point (j)
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Techniques and instruments for electronic and aggregated procurement
                                 
                              
                                    Article 51
                                 
                                 
                                    Framework agreements
                                 
                              
                                    Article 52
                                 
                                 
                                    Dynamic purchasing systems
                                 
                              
                                    Article 53
                                 
                                 
                                    Electronic auctions
                                 
                              
                                    Article 54
                                 
                                 
                                    Electronic catalogues
                                 
                              
                                    Article 56
                                 
                                 
                                    Occasional joint procurement
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Conduct of the procedure
                                 
                              
                                    Section 2
                                 
                                 
                                    Publication and transparency
                                 
                              
                                    Article 70
                                 
                                 
                                    Contract award notices: paragraph 2
                                 
                              
                                    Section 3
                                 
                                 
                                    Choice of participants and award of contracts
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Qualification and qualitative selection
                                 
                              
                                    Article 77
                                 
                                 
                                    Qualification systems
                                 
                              
                                    Article 79
                                 
                                 
                                    Reliance on the capacities of other entities: paragraph 1
                                 
                              
                                    TITLE III
                                 
                                 
                                    PARTICULAR PROCUREMENT REGIMES
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Rules governing design contests
                                 
                              
                                    Article 95
                                 
                                 
                                    Scope
                                 
                              
                                    Article 96
                                 
                                 
                                    Notices
                                 
                              
                                    Article 97
                                 
                                 
                                    Rules on the organisation of design contests, the selection of participants and the jury
                                 
                              
                                    Article 98
                                 
                                 
                                    Decisions of the jury
                                 
                              
                                    ANNEXES
                                 
                                 
                                     
                                 
                              
                                    ANNEX VII
                                 
                                 
                                    Information to be included in the procurement documents relating to electronic auctions (Article 53(4))
                                 
                              
                                    ANNEX XIX
                                 
                                 
                                    Information to be included in the design contest notice (as referred to in Article 96(1))
                                 
                              
                                    ANNEX XX
                                 
                                 
                                    Information to be included in the results of design contest notices (as referred to in Article 96(1))
                                 
                              
                  
                  
                     
                        ANNEX XVI-K
                        
                           OTHER ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC (20)
                        
                        as amended by Directive 2007/66/EC of the European Parliament and of the Council (21) and Directive 2014/23/EU of the European Parliament and of the Council (22)
                        
                        (Phase 5)
                        
                                    Article 2b
                                 
                                 
                                    Derogations from the standstill period
                                 
                              
                                     
                                 
                                 
                                    Point (c) of the first paragraph
                                 
                              
                                    Article 2d
                                 
                                 
                                    Ineffectiveness
                                 
                              
                                     
                                 
                                 
                                    Point (c) of paragraph 1
                                 
                              
                                     
                                 
                                 
                                    Paragraph 5
                                 
                              
                  
                  
                     
                        ANNEX XVI-L
                        I.   PROVISIONS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (23) OUTSIDE THE SCOPE OF APPROXIMATION
                        The elements listed in this Annex are not subject to the process of approximation.
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Scope and definitions
                                 
                              
                                    Section 1
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 1
                                 
                                 
                                    Subject-matter and scope: paragraphs 3 and 4
                                 
                              
                                    Article 2
                                 
                                 
                                    Definitions: paragraph 2
                                 
                              
                                    Section 2
                                 
                                 
                                    Thresholds
                                 
                              
                                    Article 6
                                 
                                 
                                    Revision of the thresholds and of the list of central government authorities
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES ON PUBLIC CONTRACTS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Procedures
                                 
                              
                                    Article 25
                                 
                                 
                                    Conditions relating to the GPA and other international agreements
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Techniques and instruments for electronic and aggregated procurement
                                 
                              
                                    Article 39
                                 
                                 
                                    Procurement involving contracting authorities from different Member States
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Conduct of the procedure
                                 
                              
                                    Section 1
                                 
                                 
                                    Preparation
                                 
                              
                                    Article 44
                                 
                                 
                                    Test reports, certification and other means of proof: paragraph 3
                                 
                              
                                    Section 2
                                 
                                 
                                    Publication and transparency
                                 
                              
                                    Article 51
                                 
                                 
                                    Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
                                 
                              
                                    Article 52
                                 
                                 
                                    Publication at national level
                                 
                              
                                    Section 3
                                 
                                 
                                    Choice of participants and award of contracts
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Criteria for qualitative selection
                                 
                              
                                    Article 61
                                 
                                 
                                    Online repository of certificates (e-Certis)
                                 
                              
                                    Article 62
                                 
                                 
                                    Quality assurance standards and environmental management standards: paragraph 3
                                 
                              
                                    Subsection 3:
                                 
                                 
                                    Award of the Contract
                                 
                              
                                    Article 68
                                 
                                 
                                    Life-cycle costing: paragraph 3
                                 
                              
                                    Article 69
                                 
                                 
                                    Abnormally low tender: paragraph 5
                                 
                              
                                    TITLE IV
                                 
                                 
                                    GOVERNANCE
                                 
                              
                                    Article 83
                                 
                                 
                                    Enforcement
                                 
                              
                                    Article 84
                                 
                                 
                                    Individual reports on procedures for the award of contracts
                                 
                              
                                    Article 85
                                 
                                 
                                    National reporting and statistical information
                                 
                              
                                    Article 86
                                 
                                 
                                    Administrative cooperation
                                 
                              
                                    TITLE V
                                 
                                 
                                    DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
                                 
                              
                                    Article 87
                                 
                                 
                                    Exercise of the delegation of powers
                                 
                              
                                    Article 88
                                 
                                 
                                    Urgency procedure
                                 
                              
                                    Article 89
                                 
                                 
                                    Committee procedure
                                 
                              
                                    Article 90
                                 
                                 
                                    Transposition and transitional provisions
                                 
                              
                                    Article 91
                                 
                                 
                                    Repeals
                                 
                              
                                    Article 92
                                 
                                 
                                    Review
                                 
                              
                                    Article 93
                                 
                                 
                                    Entry into force
                                 
                              
                                    Article 94
                                 
                                 
                                    Addressees
                                 
                              
                                    ANNEXES
                                 
                                 
                                     
                                 
                              
                                    ANNEX I
                                 
                                 
                                    CENTRAL GOVERNMENT AUTHORITIES
                                 
                              
                                    ANNEX VIII
                                 
                                 
                                    FEATURES CONCERNING PUBLICATION
                                 
                              
                                    ANNEX XI
                                 
                                 
                                    REGISTERS
                                 
                              
                                    ANNEX XIII
                                 
                                 
                                    LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3)
                                 
                              
                                    ANNEX XV
                                 
                                 
                                    CORRELATION TABLE
                                 
                              II.   PROVISIONS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (24) OUTSIDE THE SCOPE OF APPROXIMATION
                        The elements listed in this Annex are not subject to the process of approximation.
                        
                                    TITLE I
                                 
                                 
                                    SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Scope, general principles and definitions
                                 
                              
                                    Section I
                                 
                                 
                                    Subject-matter, scope, general principles, definitions and threshold
                                 
                              
                                    Article 1
                                 
                                 
                                    Subject-matter and scope: paragraph 3
                                 
                              
                                    Article 6
                                 
                                 
                                    Contracting authorities: paragraphs 2 and 3
                                 
                              
                                    Article 9
                                 
                                 
                                    Revision of the threshold
                                 
                              
                                    Section II
                                 
                                 
                                    Exclusions
                                 
                              
                                    Article 15
                                 
                                 
                                    Notification of information by contracting entities
                                 
                              
                                    Article 16
                                 
                                 
                                    Exclusion of activities which are directly exposed to competition
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    General principles
                                 
                              
                                    Article 30
                                 
                                 
                                    General principles: paragraph 4
                                 
                              
                                    Article 33
                                 
                                 
                                    Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4
                                 
                              
                                    TITLE IV
                                 
                                 
                                    AMENDMENTS TO DIRECTIVES 89/665/EEC AND 92/13/EEC
                                 
                              
                                    Article 46
                                 
                                 
                                    Amendments to Directive 89/665/EEC
                                 
                              
                                    Article 47
                                 
                                 
                                    Amendments to Directive 92/13/EEC
                                 
                              
                                    TITLE V
                                 
                                 
                                    DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
                                 
                              
                                    Article 48
                                 
                                 
                                    Exercise of the delegation
                                 
                              
                                    Article 49
                                 
                                 
                                    Urgency procedure
                                 
                              
                                    Article 50
                                 
                                 
                                    Committee procedure
                                 
                              
                                    Article 51
                                 
                                 
                                    Transposition
                                 
                              
                                    Article 52
                                 
                                 
                                    Transitional provisions
                                 
                              
                                    Article 53
                                 
                                 
                                    Monitoring and reporting
                                 
                              
                                    Article 54
                                 
                                 
                                    Entry into force
                                 
                              
                                    Article 55
                                 
                                 
                                    Addressees
                                 
                              
                  
                  
                     
                        ANNEX XVI-M
                        
                           PROVISIONS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (25)
                           OUTSIDE THE SCOPE OF APPROXIMATION
                        
                        The elements listed in this Annex are not subject to the process of approximation.
                        
                                    TITLE I
                                 
                                 
                                    SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Subject-matter and definitions
                                 
                              
                                    Article 1
                                 
                                 
                                    Subject matter and scope: paragraphs 3 and 4
                                 
                              
                                    Article 3
                                 
                                 
                                    Contracting authorities: paragraphs 2 and 3
                                 
                              
                                    Article 4
                                 
                                 
                                    Contracting entities: paragraph 4
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Material scope
                                 
                              
                                    Section 1
                                 
                                 
                                    Thresholds
                                 
                              
                                    Article 17
                                 
                                 
                                    Revision of the thresholds
                                 
                              
                                    Section 2
                                 
                                 
                                    Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Exclusions applicable to all contracting entities and special exclusions for the water and energy sector
                                 
                              
                                    Article 18
                                 
                                 
                                    Contracts awarded for purposes of resale or lease to third parties: paragraph 2
                                 
                              
                                    Article 19
                                 
                                 
                                    Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2
                                 
                              
                                    Subsection 3:
                                 
                                 
                                    Special relations (cooperation, affiliated undertakings and joint ventures)
                                 
                              
                                    Article 31
                                 
                                 
                                    Notification of information
                                 
                              
                                    Subsection 4:
                                 
                                 
                                    Specific situations
                                 
                              
                                    Article 33
                                 
                                 
                                    Contracts subject to special arrangements
                                 
                              
                                    Subsection 5:
                                 
                                 
                                    Activities directly exposed to competition and procedural provisions relating thereto
                                 
                              
                                    Article 34
                                 
                                 
                                    Activities directly exposed to competition
                                 
                              
                                    Article 35
                                 
                                 
                                    Procedure for establishing whether Article 34 is applicable
                                 
                              
                                    TITLE II
                                 
                                 
                                    RULES APPLICABLE TO CONTRACTS
                                 
                              
                                    CHAPTER I
                                 
                                 
                                    Procedures
                                 
                              
                                    Article 43
                                 
                                 
                                    Conditions relating to the GPA and other international agreements
                                 
                              
                                    CHAPTER II
                                 
                                 
                                    Techniques and instruments for electronic and aggregated procurement
                                 
                              
                                    Article 57
                                 
                                 
                                    Procurement involving contracting entities from different Member States
                                 
                              
                                    CHAPTER III
                                 
                                 
                                    Conduct of the procedure
                                 
                              
                                    Section 2
                                 
                                 
                                    Publication and transparency
                                 
                              
                                    Article 71
                                 
                                 
                                    Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
                                 
                              
                                    Article 72
                                 
                                 
                                    Publication at national level
                                 
                              
                                    Section 3
                                 
                                 
                                    Choice of participants and award of contracts
                                 
                              
                                    Subsection 1:
                                 
                                 
                                    Qualification and qualitative selection
                                 
                              
                                    Article 81
                                 
                                 
                                    Quality assurance standards and environmental management standards: paragraph 3
                                 
                              
                                    Subsection 2:
                                 
                                 
                                    Award of the contract
                                 
                              
                                    Article 83
                                 
                                 
                                    Life-cycle costing: paragraph 3
                                 
                              
                                    Section 4
                                 
                                 
                                    Tenders comprising products originating in third countries and relations with those countries
                                 
                              
                                    Article 85
                                 
                                 
                                    Tenders comprising products originating in third countries
                                 
                              
                                    Article 86
                                 
                                 
                                    Relations with third countries as regards works, supplies and service contracts
                                 
                              
                                    TITLE IV
                                 
                                 
                                    GOVERNANCE
                                 
                              
                                    Article 99
                                 
                                 
                                    Enforcement
                                 
                              
                                    Article 100
                                 
                                 
                                    Individual reports on procedures for the award of contracts
                                 
                              
                                    Article 101
                                 
                                 
                                    National reporting and statistical information
                                 
                              
                                    Article 102
                                 
                                 
                                    Administrative cooperation
                                 
                              
                                    TITLE V
                                 
                                 
                                    DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
                                 
                              
                                    Article 103
                                 
                                 
                                    Exercise of the delegation
                                 
                              
                                    Article 104
                                 
                                 
                                    Urgency procedure
                                 
                              
                                    Article 105
                                 
                                 
                                    Committee procedure
                                 
                              
                                    Article 106
                                 
                                 
                                    Transposition and transitional provisions
                                 
                              
                                    Article 107
                                 
                                 
                                    Repeal
                                 
                              
                                    Article 108
                                 
                                 
                                    Review
                                 
                              
                                    Article 109
                                 
                                 
                                    Entry into force
                                 
                              
                                    Article 110
                                 
                                 
                                    Addressees
                                 
                              
                                    ANNEXES
                                 
                                 
                                     
                                 
                              
                                    ANNEX II
                                 
                                 
                                    List of Union legal acts referred to in Article 4(3)
                                 
                              
                                    ANNEX III
                                 
                                 
                                    List of Union legal acts referred to in Article 34(3)
                                 
                              
                                    ANNEX IV
                                 
                                 
                                    Deadlines for the adoption of the implementing acts referred to in Article 35
                                 
                              
                                    ANNEX XV
                                 
                                 
                                    List of Union legal acts referred to in Article 83(3)
                                 
                              
                  
                  
                     
                        ANNEX XVI-N
                        
                           PROVISIONS OF COUNCIL DIRECTIVE 89/665/EEC (26)
                           AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (27)
                           AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (28)
                           OUTSIDE THE SCOPE OF APPROXIMATION
                        
                        The elements listed in this Annex are not subject to the process of approximation.
                        
                                    Article 2b
                                 
                                 
                                    Derogations from the standstill period
                                 
                              
                                     
                                 
                                 
                                    Point (a) of the first paragraph
                                 
                              
                                    Article 2d
                                 
                                 
                                    Ineffectiveness
                                 
                              
                                     
                                 
                                 
                                    Point (a) of paragraph 1
                                 
                              
                                     
                                 
                                 
                                    Paragraph 4
                                 
                              
                                    Article 3
                                 
                                 
                                    Corrective mechanism
                                 
                              
                                    Article 3a
                                 
                                 
                                    Content of a notice for voluntary ex ante transparency
                                 
                              
                                    Article 3b
                                 
                                 
                                    Committee procedure
                                 
                              
                                    Article 4
                                 
                                 
                                    Implementation
                                 
                              
                                    Article 4a
                                 
                                 
                                    Review
                                 
                              
                  
                  
                     
                        ANNEX XVI-O
                        
                           PROVISIONS OF COUNCIL DIRECTIVE 92/13/EEC (29)
                           AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (30)
                           AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (31)
                           OUTSIDE THE SCOPE OF APPROXIMATION
                        
                        The elements listed in this Annex are not subject to the process of approximation.
                        
                                    Article 2b
                                 
                                 
                                    Derogations from the standstill period
                                 
                              
                                     
                                 
                                 
                                    Point (a) of the first paragraph
                                 
                              
                                    Article 2d
                                 
                                 
                                    Ineffectiveness
                                 
                              
                                     
                                 
                                 
                                    Point (a) of paragraph 1
                                 
                              
                                     
                                 
                                 
                                    Paragraph 4
                                 
                              
                                    Article 3a
                                 
                                 
                                    Content of a notice for voluntary ex ante transparency
                                 
                              
                                    Article 3b
                                 
                                 
                                    Committee procedure
                                 
                              
                                    Article 8
                                 
                                 
                                    Corrective mechanism
                                 
                              
                                    Article 12
                                 
                                 
                                    Implementation
                                 
                              
                                    Article 12a
                                 
                                 
                                    Review
                                 
                              
                  
                  
                     
                        ANNEX XVI-P
                        
                           GEORGIA: INDICATIVE LIST OF ISSUES FOR COOPERATION
                        
                        
                                 
                                    1.
                                 
                                 
                                    Training, in Georgia and EU Member States, of Georgian officials from government bodies engaged in public procurement;
                                 
                              
                                 
                                    2.
                                 
                                 
                                    Training of suppliers interested participating in public procurement;
                                 
                              
                                 
                                    3.
                                 
                                 
                                    Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;
                                 
                              
                                 
                                    4.
                                 
                                 
                                    Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring;
                                 
                              
                                 
                                    5.
                                 
                                 
                                    Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement;
                                 
                              
                                 
                                    6.
                                 
                                 
                                    Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 143 paragraph 2 of this Agreement).
                                 
                              
                  ’.
               
                  (1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
               
                  (2)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts.
               
                  (3)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.
               
                  (4)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (5)  Georgian legislation implementing Annex XVI-D shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
               
                  (6)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
               
                  (7)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
               
                  (8)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.
               
                  (9)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (10)  Georgian legislation implementing Annex XVI-F shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
               
                  (11)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
               
                  (12)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (13)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
               
                  (14)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (15)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts.
               
                  (16)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.
               
                  (17)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (18)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
               
                  (19)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
               
                  (20)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
               
                  (21)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.
               
                  (22)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (23)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
               
                  (24)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (25)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC.
               
                  (26)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts.
               
                  (27)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.
               
                  (28)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
               
                  (29)  Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors.
               
                  (30)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts.
               
                  (31)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.