CELEX: 52016PC0703
Language: en
Date: 2016-10-31
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement

EUROPEAN COMMISSION
            Brussels, 31.10.2016
            COM(2016) 703 final
            2016/0346(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               Reasons for and objectives of the proposal
            
            
               The attached proposal for a Council decision establishes the Union position:
            
            
               1.on a Decision of the Association Committee in Trade configuration of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part ('the Agreement') in relation to the update of Annexes XXI-A to XXI-P (related to Chapter 8 on public procurement) of the Agreement;
            
            
               2.on giving a favourable opinion by the Association Committee in Trade configuration on the comprehensive roadmap submitted by Ukraine in relation to the implementation of the Agreeement in the area of public procurement. 
            
            
               The Agreement was signed on 27 June 2014, and its Title IV "TRADE AND TRADE RELATED MATTERS" (covering the provisions related to the Deep and Comprehensive Free Trade Area) is provisionally applied, since 1 January 2016. The update of the above-mentioned Annexes is necessary in order to reflect the evolution of the Union acquis in the area of public procurement that has taken place since the initialling of the Agreement on 30 March 2012. The proposal is consistent with the parties' obligations set out in Article 463 of the Agreement. 
            
            
               The favourable opinion by the Association Committee in Trade configuration on the roadmap is needed in order for Ukraine to streamline the legislative approximation in the area of public procurement as set out in Article 152 of the Agreement. This step is an integral part in the process of the implementation of the Agreement.
            
            
               Consistency with existing policy provisions in the policy area
            
            
               This proposal implements the Union’s common commercial policy towards Ukraine, an Eastern Neighbourhood Partner country, based on the provisions of the above-mentioned Agreement and in particular its objective to create a free trade area and conditions for economic intergration between the parties. 
            
            
               Consistency with other Union policies
            
            
               This proposal is consistent with and contributes to the implementation of other external policies of the Union, notably the European Neighbourhood Policy and the development cooperation policy in relation to Ukraine.
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               Legal basis
            
            
               The legal basis for establishing the Union position to be taken in the committees set up by the Agreement is the Treaty on the Functioning of the European Union, and in particular its Article 207(4) in conjunction with Article 218(9) thereof. 
            
            
               Subsidiarity (for non-exclusive competence)
            
            
               The common commercial policy, in accordance with Article 3 of the TFEU, is defined as an exclusive Union competence. Therefore, the subsidiarity principle does not apply.
            
            
               Proportionality
            
            
               This proposal is necessary in order to implement the Union’s international commitments set out in the Agreement with Ukraine. 
            
         
         
            
               Choice of the instrument
            
            
               This proposal is in accordance with Article 218(9) TFEU, which envisages the adoption by the Council of decisions. There exists no other legal instrument that could be used in order to achieve the objective expressed in this proposal. 
            
            
               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
            
            
               Ex-post evaluations/fitness checks of existing legislation
            
            
               
                  Not applicable.
               
            
            
               Stakeholder consultations
            
            
               Stakeholder consultations are not applicable to this proposal, as it aims merely at updating the references to the Union acquis already listed for approximation by Ukraine in the Agreement.
            
            
               Collection and use of expertise
            
            
               
                  Not applicable.
               
            
            
               Impact assessment
            
            
               The trade and trade-related provisions of the Agreement have been subject to ex-ante impact assessment (the 2007 Trade Sustainability Impact Assessment commissioned by DG Trade), which fed into the DCFTA negotiation process. That study confirmed that implementation of trade and trade-related provisions would have a positive economic impact for the EU as well as for Ukraine. The proposal does not have any negative impact on the economic, social or environmental policy of the Union.
            
            
               Regulatory fitness and simplification
            
            
               
                  The Agreement is not subject to REFIT procedures at this stage; it does not imply any costs for the Union SMEs; and it does not raise any issues from the viewpoint of the digital environment. 
               
            
            
               Fundamental rights
            
            
               The proposal does not have consequences for the protection of fundamental rights in the Union. 
            
            
               4.BUDGETARY IMPLICATIONS
            
            
               
                  Not applicable.
               
            
            
               5.OTHER ELEMENTS
            
            
               •
                     Implementation plans and monitoring, evaluation and reporting arrangements
            
            
               
                  The implementation of the Agreement is reviewed regularly by the EU-Ukraine Association Council and its sub-ordinate bodies established by that Agreement. The European Commission also reports to the European Parliament and the Council following EU-Ukraine Association Committee in Trade configuration meetings which are taking place at least once per year, including on the elements included in this proposal.
               
            
         
         
            
               Explanatory documents (for directives)
            
            
               
                  Not applicable.
               
            
            
               Detailed explanation of the specific provisions of the proposal
            
            
               
                  The proposal aims to adopt a Union position in relation to: 
               
            
            
               1.the update of Annex XXI to the Agreement. Annex XXI to the Agreement provides the list of the Union acquis to which the Ukraine intends to approximate its domestic legislation pertaining to the area of public procurement (Chapter 8 of Title IV of the Agreement);
            
            
               2.giving a favourable opinion by the Association Committee in Trade configuration on the comprehensive roadmap submitted by Ukraine in relation to the implementation of Agreeement in the area of public procurement.
            
            
               
                  The updates to these annexes are necessary in the light of the evolution of the Union acquis listed therein since the initialling of the Agreement on 30 March 2012. Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement and the Association Council delegated the power to update or amend certain trade-related annexes to the Association Committee in Trade configuration by its decision No. 3/2014 of 15 December 2014. Accordingly, the Union position is to be taken in the Association Committee in Trade configuration. 
               
            
            
               The favourable opinion by the Association Committee in Trade configuration on the comprehensive roadmap is needed in order for Ukraine to streamline the legislative approximation in the area of public procurement as set out in Article 152 of the Agreement. This step is an integral part in the process of the implementation of the Agreement. The roadmap shall be considered as the reference document for the implementation of the Agreement by Ukraine in the area of public procurement.
            
            
               2016/0346 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and the Ukraine, of the other part, ('the Agreement') provides for the provisional application of the Agreement in part, as specified by the Union.
            
            
               (2)Article 1 of Council Decision 2014/668/EU
                  1
                of 23 June 2014 specifies the provisions of the Agreement to be applied provisionally, including the provisions on public procurement, and Annex XXI to the Agreement. The provisional application of those provisions is effective from 1 January 2016.
            
            
               (3)Article 153 of the Agreement provides that the Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement. 
            
            
               (4)Several Union acts listed in Annexe XXI to the Agreement have been amended or repealed since the initialling of the Association Agreement on 30 March 2012. 
            
         
         
            
               (5)Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement are to be revised regularly, beginning in the first even year following the entry into force of the Agreement. 
            
            
               (6)It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis by amending certain deadlines. 
            
            
               (7)It is therefore necessary to update Annex XXI in order to reflect the developments to the Union acquis listed therein, and revise the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement. 
            
            
               (8)Article 149 of the Agreement provides that the revision of the thresholds provided for in Annex XXI-P to the Agreement shall be adopted by decision of the Association Committee in Trade configuration. 
            
            
               (9)Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. 
            
            
               (10)Article 1 of the Association Council Decision No. 3/2014 of 15 December 2014 delegates the power to update or amend the trade-related annexes of the Agreement to the Association Committee in Trade configuration, including Annex XXI pertaining to Chapter 8 (Public Procurement) of Title IV (Trade and trade-related matters) of the Agreement.
            
            
               (11)It is therefore appropriate to determine the Union position in relation to the update of Annex XXI to the Agreement to be adopted by the Association Committee in Trade configuration.
            
            
               (12)Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation and institutional capacity building.This roadmap shall comply with the phases and time schedules set out in Annex XXI-A to the Agreement. 
            
            
               (13)Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation i.e. for the legislative approximation of the public procurement related legislation to the Union acquis. 
            
            
               (14)It is therefore appropriate to determine the Union position in relation to a favourable opinion regarding the comprehensive roadmap to be adopted by the Association Committee in Trade configuration,
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               1.The position to be taken by the European Union in the Association Committee in Trade configuration established by Article 465 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part ('the Agreement'), in relation to the update of Annex XXI of the Agreement shall be based on the draft Decision of that Committee, attached to this Decision.
            
            
               2.Minor changes to the draft Decision may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council. 
            
            
               Article 2
            
            
               The position to be taken by the Union within the Association Committee in Trade configuration established by Article 465 of the Agreement, in relation to the favourable opinion regarding the comprehensive roadmap shall be based on the draft Decision of that Committee referred to in Article 1(1) above.
            
            
               Article 3
            
            
               The Decisions of the Association Committee in Trade configuration shall be published in the Official Journal of the European Union after their adoption.
            
            
               Article 4
            
            
               This Decision shall enter into force on the day of its adoption.
            
         
         
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  Council Decision of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 31.10.2016
            COM(2016) 703 final
            ANNEX
            to the
            Proposal for a Council Decision
            on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement
            
               
         
         
            
               Draft
            
            
               Decision No 1/2016 of the EU-Ukraine Association Committee in Trade configuration
            
            
               of …2016 
            
            
               updating Annex XXI to the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement
            
            
               THE Association COMMITTEE IN TRADE CONFIGURATION,
            
            
               Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, signed in Brussels on 27 June 2014, and in particular Article 149, Article 153 and Article 463 thereof,
            
            
               Whereas:
            
            
               (1)In accordance with Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part ('the Agreement'), parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016. 
            
            
               (2)Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement. 
            
            
               (3)Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement. 
            
            
               (4)Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:
            
            
               (a)Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts
                  1
                
            
            
               (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
                  2
               
            
            
               (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
                  3
               
            
            
               (5)The above-mentioned new Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsiquently ammended by the Commission Delegated Regulations (EU) 2015/2172,
               
                   (EU) 2015/2170 
               
               and respectively (EU) 2015/2171.
            
            
               (6)Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. 
            
            
               (7)It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Article 149, Article 153 and Article 463 of the Agreement. 
            
            
               (8)The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by the Ukraine in the process of approximation to the Union acquis.
            
            
               (9)Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions.
            
         
         
            
               (10)The EU-Ukraine Association Council empowered the Association Committee in Trade configuration in its Decision No. 3/2014 of 15 December 2014 to update or amend certain trade-related annexes.
            
            
               (11)Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis.
            
            
               (12)Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation i.e. for the legislative approximation of the public procurement related legislation to the Union acquis. 
            
            
               (13)It is therefore appropriate for the Association Committee in Trade configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Annex XXI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex (enclosed to this Decision).
            
            
               Article 2
            
            
               A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the government of Ukraine on 24 February 2016.
            
            
               Article 3
            
            
               This Decision shall enter into force on the day of its adoption.
            
            
               Done at …, …
            
            
                     
                  
                  
                     
                        For the Association Committee 
                     
                     
                        in Trade configuration
                     
                     
                  
               
                     
                  
                  
                     
                        The Chair
                     
                  
               
            
               Annex XXI-A to chapter 8
            
            
               Indicative time schedule for institutional reform, legislative approximation and market access 
            
            
                     
                        Phase
                     
                  
                  
                     
                  
                  
                     
                        Indicative time schedule
                     
                  
                  
                     
                        Market access granted to the EU by Ukraine
                     
                  
                  
                     
                        Market access granted to Ukraine by the EU
                     
                  
                  
                     
                  
               
                     
                        1
                     
                  
                  
                     
                        Implementation of Articles 150(2) and 151 of this Agreement 
                     
                     
                        Agreement of the Reform Strategy set out in Article 152 of this Agreement
                     
                  
                  
                     
                        6 months after the entry into force of this Agreement
                     
                  
                  
                     
                        Supplies for central government authorities
                     
                  
                  
                     
                        Supplies for central government authorities
                     
                  
                  
                     
                  
               
                     
                        2
                     
                  
                  
                     
                        Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC
                     
                  
                  
                     
                        3 years after the entry into force of this Agreement
                     
                  
                  
                     
                        Supplies for state, regional and local authorities and bodies governed by public law
                     
                  
                  
                     
                        Supplies for state, regional and local authorities and bodies governed by public law
                     
                  
                  
                     
                        Annexes XXI-B and XXI-C
                     
                  
               
                     
                        3
                     
                  
                  
                     
                        Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92 /13/EEC
                     
                  
                  
                     
                        4 years after the entry into force of this Agreement
                     
                  
                  
                     
                        Supplies for all contracting entities in the utilities sector
                     
                  
                  
                     
                        Supplies for all contracting entities
                     
                  
                  
                     
                        Annexes XXI-D and XXI-E
                     
                  
               
                     
                        4
                     
                  
                  
                     
                        Approximation and implementation of other elements of Directive 2014/24/EU. Approximation and implementation of Directive 2014/23/EU 
                     
                  
                  
                     
                        6 years after the entry into force of this Agreement
                     
                  
                  
                     
                        Service and works contracts and concessions for all contracting authorities
                     
                  
                  
                     
                        Service and works contracts and concessions for all contracting authorities
                     
                  
                  
                     
                        Annexes XXI-F, XXI-G, and XXI-H
                     
                  
               
                     
                        5
                     
                  
                  
                     
                        Approximation and implementation of other elements of Directive 2014/25/EU 
                     
                  
                  
                     
                        8 years after the entry into force of this Agreement
                     
                  
                  
                     
                        Service and works contracts for all contracting entities in the utilities sector
                     
                  
                  
                     
                        Service and works contracts for all contracting entities in the utilities sector
                     
                  
                  
                     
                        Annexes XXI-I and XXI-J
                     
                  
               
               Annex XXI-B to chapter 8
            
            
               Basic elements of Directive 2014/24/EU
            
            
               of 26 February 2014 on public procurement
            
         
         
            
               (Phase 2)
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
            
               CHAPTER I
                     
            
            
               Scope and definitions
            
            
               Section 1 - Subject-matter and definitions
            
            
               Article 1Subject-matter and scope: paragraphs 1, 2, 5 and 6
            
            
               Article 2Definitions: paragraphs 1, point (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23), (24)
            
            
               Article 3Mixed procurement 
            
            
            
               Section 2 - Thresholds
            
            
               Article 4Threshold amounts
            
            
               Article 5Methods for calculating the estimated value of procurement
            
            
            
               Section 3 - Exclusions
            
            
               Article 7Contracts in the water, energy, transport and postal services sectors
            
            
               Article 8Specific exclusions in the field of electronic communications
            
            
               Article 9Public contracts awarded and design contests organised pursuant to international rules
            
            
               Article 10Specific exclusions for service contracts
            
         
         
            
               Article 11Service contracts awarded on the basis of an exclusive right
            
            
               Article 12Public contracts between entities within the public sector
            
            
            
               Section 4 - Specific situations
            
            
               Subsection 1:Subsidised contracts and research and development services 
            
            
               Article 13Contracts subsidised by contracting authorities
            
            
               Article 14Research and development services 
            
            
               Subsection 2:Procurement involving defence and security aspects
            
            
               Article 15Defence and security
            
            
               Article 16Mixed procurement involving defence or security aspects
            
            
               Article 17Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
            
            
            
               CHAPTER II
            
            
               General Rules
            
            
               Article 18Principles of procurement 
            
            
               Article 19Economic operators
            
            
               Article 21Confidentiality
            
            
               Article 22Rules applicable to communication: paragraphs 2-6
            
            
               Article 23Nomenclatures 
            
            
               Article 24Conflicts of interest 
            
         
         
            
            
               TITLE II
            
            
               Rules on public contracts
            
            
            
               CHAPTER I
            
            
               Procedures
            
            
               Article 26Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6
            
            
               Article 27Open procedure 
            
            
               Article 28Restricted procedure
            
            
               Article 29Competitive procedure with negotiation
            
            
               Article 32Use of the negotiated procedure without prior publication
            
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 1 - Preparation
            
            
               Article 40Preliminary market consultations
            
            
               Article 41Prior involvement of candidates or tenderers
            
            
               Article 42Technical specifications
            
            
               Article 43Labels
            
            
               Article 44Test reports, certification and other means of proof: paragraphs 1, 2
            
         
         
            
               Article 45Variants
            
            
               Article 46Division of contracts into lots
            
            
               Article 47Setting time limits
            
            
            
               Section 2 - Publication and transparency
            
            
               Article 48Prior information notices 
            
            
               Article 49Contract notices
            
            
               Article 50Contract award notices: paragraphs 1 and 4
            
            
               Article 51Form and manner of publication of notices: 1st subparagraph of paragraph 1, 1st subparagraph of paragraph 5
            
            
               Article 53Electronic availability of procurement documents
            
            
               Article 54Invitations to candidates
            
            
               Article 55Informing candidates and tenderers
            
            
            
               Section 3 - Choice of participants and award of contracts
            
            
               Article 56General principles
            
            
               Subsection 1:Criteria for qualitative selection
            
            
               Article 57Exclusion grounds 
            
            
               Article 58Selection criteria 
            
            
               Article 59European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4 
            
            
               Article 60Means of proof 
            
         
         
            
               Article 62Quality assurance standards and environmental management standards: paragraphs 1 and 2
            
            
               Article 63Reliance on the capacities of other entities 
            
            
               Subsection 2:Reduction of numbers of candidates, tenders and solutions
            
            
               Article 65Reduction of the number of otherwise qualified candidates to be invited to participate
            
            
               Article 66Reduction of the number of tenders and solutions
            
            
               Subsection 3:Award of the contract
            
            
               Article 67Contract award criteria 
            
            
               Article 68Life-cycle costing: paragraphs 1 and 2
            
            
               Article 69Abnormally low tenders: paragraphs 1 - 4
            
            
            
               CHAPTER IV
            
            
               Contract performance
            
            
               Article 70Conditions for performance of contracts
            
            
               Article 71Subcontracting 
            
            
               Article 72Modification of contracts during their term
            
            
               Article 73Termination of contracts
            
            
            
               TITLE III
            
            
               Particular procurement regimes
            
            
               CHAPTER I
            
         
         
            
               Article 74Award of contracts for social and other specific services
            
            
               Article 75Publication of notices
            
            
               Article 76Principles of awarding contracts
            
            
            
               ANNEXES
            
            
               ANNEX IILIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)
            
            
               ANNEX IIILIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE
            
            
               ANNEX IVREQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
            
            
               ANNEX VINFORMATION 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 VIIDEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
            
            
               ANNEX IXCONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54
            
            
               ANNEX XLIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) 
            
         
         
            
               ANNEX XIIMEANS OF PROOF OF SELECTION CRITERIA 
            
            
               ANNEX XIVSERVICES REFFERED TO IN ARTICLE 74
            
            
               Annex XXI-C to chapter 8
            
            
               Basic elements of Directive 89/665/EEC 
            
            
               of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (Directive 89/665/EEC)
            
            
               as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Directive 2007/66/EC) and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (Directive 2014/23/EU)
                  (Phase 2)
            
            
            
               Article 1Scope and availability of review procedures
            
            
               Article 2Requirements for review procedures
            
            
               Article 2aStandstill period
            
            
               Article 2bDerogations from the standstill period
            
            
               Point (b) of the first paragraph of Article 2b
            
            
               Article 2cTime limits for applying for review
            
            
               Article 2dIneffectiveness
            
            
               Paragraph 1(b)
            
            
               Paragraph 2 and 3
            
            
               Article 2eInfringements of this Directive and alternative penalties 
            
            
               Article 2fTime limits
            
            
               Annex XXI-D to chapter 8
            
            
               Basic elements of Directive 2014/25/EU
            
         
         
            
               of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors
            
            
               (Phase 3)
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               Subject-matter and definitions
            
            
               Article 1Subject-matter and scope: paragraphs 1, 2, 5 and 6
            
            
               Article 2Definitions: points 1-9, 13-16 and 18-20
            
            
               Article 3Contracting authorities (paragraphs 1 and 4)
            
            
               Article 4Contracting entities: paragraphs 1-3 
            
            
               Article 5Mixed procurement covering the same activity
            
            
               Article 6Procurement covering several activities
            
            
            
               CHAPTER II
            
            
               Activities
            
            
               Article 7Common provisions
            
            
               Article 8Gas and heat
            
            
               Article 9Electricity
            
            
               Article 10Water
            
            
               Article 11Transport services
            
         
         
            
               Article 12Ports and airports 
            
            
               Article 13Postal services
            
            
               Article 14Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
            
            
            
               CHAPTER III
            
            
               Material scope
            
            
               Section 1 - Thresholds 
            
            
               Article 15Threshold amounts
            
            
               Article 16Methods 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 sector
            
            
               Article 18Contracts awarded for purposes of resale or lease to third parties: para 1
            
            
               Article 19Contracts 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: para 1
            
            
               Article 20Contracts awarded and design contests organised pursuant to international rules
            
            
               Article 21Specific exclusions for service contracts
            
            
               Article 22Service contracts awarded on the basis of an exclusive right
            
            
               Article 23Contracts 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 24Defence and security
            
         
         
            
               Article 25Mixed procurement covering the same activity and involving defence or security aspects
            
            
               Article 26Procurement covering several activities and involving defence or security aspects
            
            
               Article 27Contracts 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 28Contracts between contracting authorities
            
            
               Article 29Contracts awarded to an affiliated undertaking
            
            
               Article 30Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
            
            
               Subsection 4:Specific situations
            
            
               Article 32Research and development services
            
            
            
               CHAPTER IV
            
            
               General principles
            
            
               Article 36Principles of procurement
            
            
               Article 37Economic operators
            
            
               Article 39Confidentiality
            
            
               Article 40Rules applicable to communication
            
            
               Article 41Nomenclatures
            
            
               Article 42Conflicts of interest
            
            
            
               TITLE II
            
         
         
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               Procedures
            
            
               Article 44Choice of procedures: para 1, 2, 4
            
            
               Article 45Open procedure
            
            
               Article 46Restricted procedure
            
            
               Article 47Negotiated procedure with prior call for competition
            
            
               Article 50Use of the negotiated procedure without prior call for competition: point (a) – (i)
            
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
            
               Section 1 - Preparation
            
            
               Article 58Preliminary market consultations
            
            
               Article 59Prior involvement of candidates or tenderers
            
            
               Article 60Technical specifications
            
            
               Article 61Labels
            
            
               Article 62Test reports, certification and other means of proof
            
            
               Article 63Communication of technical specifications
            
            
               Article 64Variants
            
         
         
            
               Article 65Division of contracts into lots
            
            
               Article 66Setting time limits
            
            
            
               Section 2 - Publication and transparency
            
            
               Article 67Periodic indicative notices
            
            
               Article 68Notices on the existence of a qualification system 
            
            
               Article 69Contract notices
            
            
               Article 70Contract award notices: para 1, 3, 4
            
            
               Article 71Form and manner of publication of notices: paragraph 1, 1st subparagraph of paragraph 5
            
            
               Article 73Electronic availability of procurement documents
            
            
               Article 74Invitations to candidates
            
            
               Article 75Informing applicants for qualification, candidates and tenderers
            
            
            
               Section 3 - Choice of participants and award of contract
            
            
               Article 76General principles
            
            
               Subsection 1:Qualification and qualitative selection
            
            
               Article 78Criteria for qualitative selection
            
            
               Article 79Reliance on the capacities of other entities: para 2
            
            
               Article 80Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
            
            
               Article 81Quality assurance standards and environmental management standards: para 1, 2
            
         
         
            
               Subsection 2:Award of the contract
            
            
               Article 82Contract award criteria
            
            
               Article 83Life-cycle costing: paragraphs 1 and 2
            
            
               Article 84Abnormally low tenders: para 1-4
            
            
            
               CHAPTER IV:
                     Contract performance
            
            
               Article 87Conditions for performance of contracts
            
            
               Article 88Subcontracting
            
            
               Article 89Modification of contracts during their term
            
            
               Article 90Termination of contracts
            
            
            
               TITLE III
            
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               Social and other specific services
            
            
               Article 91Award of contracts for social and other specific services
            
            
               Article 92Publication of notices
            
            
               Article 93Principles of awarding contracts
            
            
            
               ANNEXES
            
         
         
            
               ANNEX IList of activities as set out in point (a) of point 2 of Article 2
            
            
               ANNEX VRequirement 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 AInformation to be included in the periodic indicative notice (as referred to in Article 67)
            
            
               ANNEX VI BInformation 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 VIIIDefinition of certain technical specifications
            
            
               ANNEX IXFeatures concerning publication
            
            
               ANNEX XInformation 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 XIInformation to be included in contract notices (as referred to in Article 69)
            
            
               ANNEX XIIInformation to be included in the contract award notice (as referred to in Article 70)
            
            
               ANNEX XIIIContents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74
            
            
               ANNEX XIVList of International Social and Environmental Conventions referred to in Article 36(2)
            
            
               ANNEX XVIInformation to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))
            
            
               ANNEX XVIIServices referred to in Article 91
            
            
               ANNEX XVIIIInformation to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)
            
            
               Annex XXI-E to chapter 8
            
            
               Basic elements of Council Directive 92/13/EEC
            
            
               of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (Directive 92/13/EEC)
            
            
               as amended by Directive 2007/66/EC and Directive 2014/23/EU 
            
            
               (Phase 3)
            
            
         
         
            
               Article 1Scope and availability of review procedures
            
            
               Article 2Requirements for review procedures
            
            
               Article 2aStandstill period
            
            
               Article 2bDerogations from the standstill period
            
            
               Point (b) of the first paragraph of Article 2b
            
            
               Article 2cTime limits for applying for review
            
            
               Article 2dIneffectiveness
            
            
               Paragraph 1 (b)
            
            
               2 and 3
            
            
               Article 2eInfringements of this Directive and alternative penalties 
            
            
               Article 2fTime limits
            
            
               Annex XXI-F to chapter 8
            
            
               I. other non-mandatory elements of Directive 2014/24/EU
            
            
               (Phase 4)
            
            
               The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               Scope and definitions
            
            
               Section 1 - Subject-matter and definitions
            
         
         
            
               Article 2Definitions (para 1, point (14), (16))
            
            
               Article 20Reserved contracts
            
            
            
               CHAPTER II
            
            
               Techniques and instruments for electronic and aggregated procurement
            
            
               Article 37Centralised purchasing activities and central purchasing bodies 
            
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 3 - Choice of participants and award of contracts
            
            
               Article 64Offical lists of approved economic operators and certification by bodies established under public or private law 
            
            
            
               TITLE III
            
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               Article 77Reserved contracts for certain services
            
            
               II. Non-mandatory elements of Directive 2014/23/EU
            
            
               (Phase 4)
            
            
               The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
            
            
         
         
            
               TITLE I 
            
            
               Subject matter, scope, principles and definitions
            
            
               CHAPTER I
            
            
               Scope, general principles and definitions
            
            
               Section IV - Specific situations
            
            
               Article 24Reserved Concessions
            
            
               Annex XXI-G to chapter 8
            
            
               I. Other mandatory elements of Directive 2014/24/EU
            
            
               (Phase 4)
            
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               Scope and definitions
            
            
               Section 1 - Subject-matter and definitions
            
            
               Article 2Definitions (para 1 point (21))
            
            
               Article 22Rules applicable to communication: paragraph 1
            
            
            
               TITLE II
            
            
               Rules on public contracts
            
         
         
            
               CHAPTER I
            
            
               Procedures
            
            
               Article 26Choice of procedures: paragraph 3, second alternative of paragraph 4
            
            
               Article 30Competitive dialogue
            
            
               Article 31Innovation Partnership
            
            
            
               CHAPTER II
            
            
               Techniques and instruments for electronic and aggregated procurement
            
            
               Article 33Framework agreements
            
            
               Article 34Dynamic purchasing systems
            
            
               Article 35Electronic auctions
            
            
               Article 36Electronic catalogues
            
            
               Article 38Occasional joint procurement
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 2 - Publication and Transparency
            
            
               Article 50Contract award notices: paragraphs 2 and 3
            
            
            
               TITLE III
            
            
               Particular procurement regimes
            
         
         
            
               CHAPTER II
            
            
               Rules governing design contests
            
            
               Article 78Scope
            
            
               Article 79Notices
            
            
               Article 80Rules on the organisation of design contests and the selection of participants 
            
            
               Article 81Composition of the jury
            
            
               Article 82Decisions of the jury
            
            
            
               ANNEXES
            
            
               ANNEX VINFORMATION TO BE INCLUDED IN NOTICES
            
            
               Part E:INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1))
            
            
               Part F:INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2))
            
            
               ANNEX VI:INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4))
            
            
               II. mandatory elements of Directive 2014/23/EU
            
            
               (Phase 4)
            
            
            
               TITLE I
            
            
               Subject matter, scope, principles and definitions
            
            
               CHAPTER I
            
            
               Scope, general principles and definitions 
            
         
         
            
               Section I - Subject-matter, scope, general principles, definitions and threshold
            
            
               Article 1Subject-matter and scope: paragraphs 1, 2 and 4
            
            
               Article 2Principle of free administration by public authorities
            
            
               Article 3Principle of equal treatment, non-discrimination and transparency
            
            
               Article 4Freedom to define services of general economic interest
            
            
               Article 5Definitions
            
            
               Article 6Contracting authorities: paragraphs 1 and 4
            
            
               Article 7Contracting entities
            
            
               Article 8:Threshold and methods for calculating the estimated value of concessions
            
            
               Section II - Exclusions
            
            
               Article 10Exclusions applicable to concessions awarded by contracting authorities and contracting entities
            
            
               Article 11Specific exclusions in the field of electronic communications
            
            
               Article 12Specific exclusions in the field of water
            
            
               Article 13Concessions awarded to an affiliated undertaking
            
            
               Article 14Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
            
            
               Article 17Concessions between entities within the public sector
            
            
               Section III - General provisions
            
            
               Article 18Duration of the concession
            
            
               Article 19Social and other specific services
            
            
               Article 20Mixed contracts
            
         
         
            
               Article 21Mixed procurement contracts involving defence or security aspects
            
            
               Article 22Contracts covering both activities referred to in Annex II and other activities
            
            
               Article 23Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
            
            
               Article 25Research and development services
            
            
            
               CHAPTER II
                     
            
            
               Principles
            
            
               Article 26Economic operators
            
            
               Article 27Nomenclatures
            
            
               Article 28Confidentiality
            
            
               Article 29Rules applicable to communication
            
            
            
               TITLE II
            
            
               Rules on the award of concessions: General principles and procedural guarantees
            
            
               CHAPTER I
            
            
               General principles
            
            
               Article 30General principles: paragraphs 1, 2 and 3
            
            
               Article 31Concession notices
            
            
               Article 32Concession award notices
            
            
               Article 33Form and manner of publication of notices: 1st subparagraph of paragraph 1
            
         
         
            
               Article 34Electronic availability of concession documents
            
            
               Article 35Combating corruption and preventing conflicts of interest
            
            
            
               CHAPTER II
            
            
               Procedural guarantees
            
            
               Article 36Technical and functional requirements
            
            
               Article 37Procedural guarantees
            
            
               Article 38Selection of and qualitative assessment of candidates
            
            
               Article 39Time limits for receipt of applications and tenders for the concession
            
            
               Article 40Provision of information to candidates and tenderers
            
            
               Article 41Award criteria
            
            
            
               TITLE III
            
            
               Rules on performance of concessions
            
            
               Article 42Subcontracting
            
            
               Article 43Modification of contracts during their term
            
            
               Article 44Termination of concessions
            
            
               Article 45Monitoring and Reporting
            
            
            
               ANNEXES
            
         
         
            
               ANNEX ILIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5 
            
            
               ANNEX IIACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7 
            
            
               ANNEX IIILIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2) 
            
            
               ANNEX IVSERVICES REFERRED TO IN ARTICLE 19 
            
            
               ANNEX VINFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31 
            
            
               ANNEX VIINFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3) 
            
            
               ANNEX VIIINFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32 
            
            
               ANNEX VIIIINFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32 
            
            
               ANNEX IXFEATURES CONCERNING PUBLICATION 
            
            
               ANNEX XLIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3) 
            
            
               ANNEX XIINFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43
            
            
               Annex XXI-H to chapter 8
            
            
               Other elements of Directive 89/665/EEC 
            
            
               as amended by Directive 2007/66/EC and Directive 2014/23/EU
            
            
               (Phase 4)
            
            
            
               Article 2bDerogations from the standstill period
            
            
               Point (c) of the first paragraph of Article 2b
            
            
               Article 2dIneffectiveness
            
            
               Point (c) of the first paragraph of Article 2d
            
         
         
            
               Paragraph 5
            
            
               Annex XXI-I to chapter 8
            
            
               (Phase 5)
            
            
               I. Other mandatory elements of Directive 2014/25/EU
            
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               Subject-matter and definitions
            
            
               Article 2Definitions: point 17
            
            
            
               CHAPTER III
            
            
               Material scope
            
            
               Section 1 - Thresholds
            
            
               Article 16Methods for calculating the estimated value of procurement: paragraphs 5, 6
            
            
            
               TITLE II
            
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               Procedures
            
         
         
            
               Article 44Choice of procedures: paragraph 3
            
            
               Article 48Competitive dialogue
            
            
               Article 49Innovation Partnership
            
            
               Article 50Use of the negotiated procedure without prior call for competition: point (j)
            
            
            
               CHAPTER II
                     
            
            
               Techniques and instruments for electronic and aggregated procurement
            
            
               Article 51Framework agreements
            
            
               Article 52Dynamic purchasing systems
            
            
               Article 53Electronic auctions
            
            
               Article 54Electronic catalogues
            
            
               Article 56Occasional joint procurement
            
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 2 - Publication and transparency
            
            
               Article 70Contract award notices: para 2
            
            
            
               Section 3 - Choice of participants and award of contract
            
            
               Subsection 1:
                     Qualification and qualitative selection
            
         
         
            
               Article 77Qualification systems
            
            
               Article 79Reliance on the capacities of other entities: paragraph 1
            
            
            
               TITLE III
            
            
               Particular procurement regimes
            
            
               CHAPTER II
            
            
               Rules governing design contests 
            
            
               Article 95Scope
            
            
               Article 96Notices
            
            
               Article 97Rules on the organisation of design contests, the selection of participants and the jury
            
            
               Article 98Decision of the jury
            
            
            
               ANNEXES
            
            
               ANNEX VIIInformation to be included in the procurement documents relating to electronic auctions (Article 53(4))
            
            
               ANNEX XIXInformation to be included in the design contest notice (as referred to in Article 96(1))
            
            
               ANNEX XXInformation to be included in the results of design contest notices (as referred to in Article 96(1))
            
            
            
               II. other non-mandatory elements of Directive 2014/25/EU
            
            
               The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B.
            
            
               TITLE I
            
         
         
            
               Scope, definitions and general principles
            
            
            
               CHAPTER I
            
            
               Subject-matter and definitions
            
            
               Article 2Definitions: points 10-12
            
            
            
               CHAPTER IV
            
            
               General principles
            
            
               Article 38Reserved contracts
            
            
            
               TITLE II
            
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               Procedures
            
            
               Article 55Centralised purchasing activities and central purchasing bodies
            
            
            
               TITLE III
            
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               Social and other specific services
            
         
         
            
               Article 94Reserved contracts for certain services
            
            
               Annex XXI-J to chapter 8 
            
            
               Other elements of Directive 92/13/EEC 
            
            
               as amended by Directive 2007/66/EC and Directive 2014/23/EU
            
            
               (Phase 5)
            
            
            
               Article 2bDerogations from the standstill period
            
            
               Point (c) of the first paragraph of Article 2b
            
            
               Article 2dIneffectiveness
            
            
               Point (c) of the first paragraph of Article 2d
            
            
               Paragraph 5
            
            
            
               Annex XXI-K to chapter 8
            
            
               I. Provisions of Directive 2014/24/EU outside the scope of approximation
            
            
               The elements of Directive 2014/24/EU listed in this Annex are not subject to the process of approximation.
            
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               Scope and definitions
            
         
         
            
               Section 1 - Subject-matter and definitions
            
            
               Article 1Subject-matter and scope: paragraphs 3 and 4
            
            
               Article 2Definitions: paragraph 2
            
            
            
               Section 2 - Thresholds
            
            
               Article 6Revision of the thresholds and of the list of central government authorities 
            
            
            
               TITLE II
            
            
               Rules on public contracts
            
            
               CHAPTER I
            
            
               Procedures
            
            
               Article 25Conditions relating to the GPA and other international agreements
            
            
            
               CHAPTER II
            
            
               Techniques and instruments for electronic and aggregated procurement
            
            
               Article 39Procurement involving contracting authorities from different Member States
            
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 1 - Preparation
            
         
         
            
               Article 44Test reports, certification and other means of proof: paragraph 3
            
            
            
               Section 2 - Publication and transparency
            
            
               Article 51Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
            
            
               Article 52Publication at national level
            
            
            
               Section 3 - Choice of participants and award of contracts
            
            
               Article 61Online repository of certificates (e-Certis)
            
            
               Article 62Quality assurance standards and environmental management standards: paragraph 3
            
            
               Article 68Life-cycle costing: paragraph 3
            
            
               Article 69Abnormally low tender: paragraph 5
            
            
            
               TITLE IV
            
            
               GOVERNANCE
            
            
               Article 83Enforcement
            
            
               Article 84Individual reports on procedures for the award of contracts
            
            
               Article 85National reporting and statistical information
            
            
               Article 86Administrative Cooperation
            
            
            
               TITLE V
            
         
         
            
               DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
            
            
               Article 87Exercise of the delegation of powers
            
            
               Article 88Urgency procedure
            
            
               Article 89Committee procedure
            
            
               Article 90Transposition and transitional provisions
            
            
               Article 91Repeals
            
            
               Article 92Review
            
            
               Article 93Entry into force
            
            
               Article 94Addressees
            
            
            
               ANNEXES
            
            
               ANNEX ICENTRAL GOVERNMENT AUTHORITIES
            
            
               ANNEX VIIIFEATURES CONCERNING PUBLICATION
            
            
               ANNEX XIREGISTERS
            
            
               ANNEX XIIILIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3)
            
            
               ANNEX XVCORRELATION TABLE
            
            
               
            
               II. Provisions of Directive 2014/23/EU outside the scope of approximation
            
            
               The elements of Directive 2014/23/EU listed in this Annex are not subject to the process of approximation.
            
            
         
         
            
               TITLE I
            
            
               Subject matter, scope, principles and definitions
            
            
               CHAPTER I
            
            
               Scope, general principles and definitions 
            
            
               Section I - Subject-matter, scope, general principles, definitions and threshold
            
            
               Article 1Subject-matter and scope: paragraph 3
            
            
               Article 6Contracting authorities: paragraphs 2 and 3
            
            
               Article 9Revision of the threshold
            
            
               Section II - Exclusions
            
            
               Article 15Notification of information by contracting entities
            
            
               Article 16Exclusion 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 30General principles: paragraph 4
            
            
               Article 33Form and manner of publication of notices: 2nd subparagraph of paragraph 1, paragraphs 2, 3 and 4
            
            
               TITLE IV 
            
            
               Amendments to Directive 89/665/EEC and 92/13/EEC
            
         
         
            
               Article 46Amendments to Directive 89/665/EEC
            
            
               Article 47Amendments to Directive 92/13/EEC
            
            
            
               TITLE V
            
            
               Delegated powers, implementing powers and final provisions
            
            
               Article 48Exercise of the delegation
            
            
               Article 49Urgency procedure
            
            
               Article 50Committee procedure
            
            
               Article 51Transposition
            
            
               Article 52Transitional provisions
            
            
               Article 53Monitoring and reporting
            
            
               Article 54Entry into force
            
            
               Article 55Addressees
            
            
               Annex XXI-L to chapter 8
            
            
               Provisions of Directive 2014/25/EU outside the scope of approximation
            
            
               The elements listed in this Annex are not subject to the process of approximation.
            
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
         
         
            
               Subject-matter and definitions
            
            
               Article 1Subject matter and scope: paragraphs 3 and 4
            
            
               Article 3Contracting authorities: paragraphs 2 and 3
            
            
               Article 4Contracting entities: paragraph 4
            
            
            
               CHAPTER III
            
            
               Material scope
            
            
               Section 1 - Thresholds
            
            
               Article 17Revision 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 18Contracts awarded for purposes of resale or lease to third parties: paragraph 2
            
            
               Article 19Contracts 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 31Notification of information
            
            
               Subsection 4:Specific situations
            
            
               Article 33Contracts subject to special arrangements
            
            
               Subsection 5:Activities directly exposed to competition and procedural provisions relating thereto
            
            
               Article 34Activities directly exposed to competition
            
         
         
            
               Article 35Procedure for establishing whether Article 34 is applicable
            
            
            
               TITLE II
            
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               Procedures
            
            
               Article 43Conditions relating to the GPA and other international agreements
            
            
            
               CHAPTER II
            
            
               Article 57Procurement involving contracting entities from different Member States
            
            
            
               CHAPTER III
                     
            
            
               Conduct of the procedure
            
            
               Section 2 - Publication and transparency
            
            
               Article 71Form and manner of publication of notices: paragraphs 2, 3, 4, 2nd subparagraph of paragraph 5, paragraph 6 
            
            
               Article 72Publication at national level
            
            
            
               Section 3 - Choice of participants and award of contract
            
            
               Article 81Quality assurance standards and environmental management standards: paragraph 3
            
            
               Article 83Life-cycle costing: paragraph 3
            
         
         
            
            
               Section 4 - Tenders comprising products originating in third countries and relations with those countries
            
            
               Article 85Tenders comprising products originating in third countries
            
            
               Article 86Relations with third countries as regards works, supplies and service contracts
            
            
            
               TITLE IV
            
            
               Governance
            
            
               Article 99Enforcement
            
            
               Article 100Individual reports on procedures for the award of contracts
            
            
               Article 101National reporting and statistical information
            
            
               Article 102Administrative cooperation
            
            
            
               TITLE V
            
            
               DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
            
            
               Article 103Exercise of the delegation 
            
            
               Article 104Urgency procedure
            
            
               Article 105Committee procedure
            
            
               Article 106Transposition and transitional provisions
            
            
               Article 107Repeal
            
            
               Article 108Review
            
         
         
            
               Article 109Entry into force
            
            
               Article 110Addressees
            
            
            
               ANNEXES
            
            
               ANNEX IIList of Union legal acts referred to in Article 4(3)
            
            
               Annex IIIList of Union legal acts referred to in Article 34(3)
            
            
               Annex IVDeadlines for the adoption of the implementing acts referred to in Article 35
            
            
               Annex XVList of Union legal acts referred to in Article 83(3)
            
            
               Annex XXI-M to chapter 8
            
            
               Provisions of Directive 89/665/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU outside the scope of approximation
            
            
            
               The elements listed in this Annex are not subject to the process of approximation. 
            
            
               Article 2bDerogations from the standstill period
            
            
               Point (a) of the first paragraph of Article 2b
            
            
               Article 2dIneffectiveness
            
            
               Point (a) of the first paragraph of Article 2d
            
            
               Paragraph 4
            
            
               Article 3Corrective Mechanisms
            
            
               Article 3aContent of the notice for voluntary ex ante transparency
            
            
               Article 3bCommittee Procedure
            
         
         
            
               Article 4Implementation
            
            
               Article 4aReview
            
            
               Annex XXI-N to chapter 8 
            
            
               Provisions of Directive 92/13/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU outside the scope of approximation
            
            
               The elements listed in this Annex are not subject to the process of approximation.
            
            
            
               Article 2bDerogations from the standstill period
            
            
               Point (a) of the first paragraph of Article 2b
            
            
               Article 2dIneffectiveness
            
            
               Point (a) of the first paragraph of Article 2d
            
            
               Paragraph 4
            
            
               Article 3aContent of the notice for voluntary ex ante transparency
            
            
               Article 3bCommittee Procedure
            
            
               Article 8Corrective Mechanisms
            
            
               Article 12Implementation 
            
            
               Article 12aReview
            
            
               Annex XXI-O to chapter 8
            
            
               Ukraine: Indicative list of issues for cooperation
            
            
            
               1.Training, in Ukraine and EU countries, of Ukrainian officials from government bodies engaged in public procurement; 
            
         
         
            
               2.Training of suppliers interested participating in public procurement; 
            
            
               3.Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;
            
            
               4.Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring; 
            
            
               5.Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement; 
            
            
               6.Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 150 paragraph 2 of this Agreement)
            
            
               Annex XXI-P to chapter 8
            
            
               Thresholds
            
            
            
               1.The value thresholds mentioned in Article 149(3) of this Agreement shall be for both Parties:
            
            
               (a)EUR 135.000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
            
            
               (b)EUR 209.000 in the case of public supply and public service contracts not covered by point a);
            
            
               (c)EUR 5.225.000 in the case of public works contracts;
            
            
               (d)EUR 5.225.000 in the case of works contracts in the utilities sector;
            
            
               (e)EUR 5.225.000 in the case of concessions;
            
            
               (f)EUR 418.000 in the case of supply and service contracts in the utilities sector;
            
            
               (g)EUR 750.000 for public service contracts for social and other specific services;
            
            
               (h)EUR 1.000.000 for service contracts for social and other specific services in the utilities sector.
            
            
               2.The EUR thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds applicable under the EU Directives at the moment of the entry into force of this Agreement.
            
         
         
            
                  
                     (1)
                  OJ L 94, 28.3.2014, p. 1.
               
               
                  
                     (2)
                  OJ L 94, 28.3.2014, p. 65.
               
               
                  
                     (3)
                  OJ L 94, 28.3.2014, p. 24.