CELEX: 22016D2028
Language: en
Date: 2016-10-19 00:00:00
Title: Decision No 2/2016 of the EU-Republic of Moldova Association Committee in Trade configuration of 19 October 2016 updating Annex XXIX to the Association Agreement [2016/2028]

19.11.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 313/36
            
         DECISION No 2/2016 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
   of 19 October 2016
   updating Annex XXIX to the Association Agreement [2016/2028]
   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 the Republic of Moldova, of the other part, and in particular Articles 269, 273 and 436 thereof,
   Whereas:
   
               (1)
            
            
               The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.
            
         
               (2)
            
            
               In accordance with Article 269(5) of the Agreement the value thresholds for public procurement contracts provided for in Annex XXIX-A are to be revised regularly every two years, beginning in the year of 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 438(4) of the Agreement.
            
         
               (3)
            
            
               In accordance with Article 273 of the Agreement the Republic of Moldova 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 XXIX to the Agreement.
            
         
               (4)
            
            
               Several Union acts listed in Annex XXIX to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. In particular, the Union adopted and notified to the Republic of Moldova 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 (2);
                        
                     
                           (b)
                        
                        
                           Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (3);
                        
                     
                           (c)
                        
                        
                           Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (4).
                        
                     
         
               (5)
            
            
               The abovementioned new Directives amended the value thresholds for public procurement contracts provided for in Annex XXIX-A.
            
         
               (6)
            
            
               It is therefore necessary to update Annex XXIX to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 269, 273 and 436 of the Agreement.
            
         
               (7)
            
            
               The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXIX. In the interest of clarity, Annex XXIX should be updated in its entirety and replaced by the text set out in the Annex to this Decision. It is furthermore appropriate to take into account the progress made by the Republic of Moldova in the process of approximation to the Union acquis.
            
         
               (8)
            
            
               In accordance with Article 436(3) of the Agreement the EU-Republic of Moldova Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in Trade configuration by Decision No 3/2014 of 16 December 2014 to update or amend certain trade-related annexes,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   Annex XXIX to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part, is replaced by the by the text appearing in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   
      Done at Brussels, 19 October 2016.
      
         
            For the Association Committee in Trade configuration
         
         P. SOURMELIS
         
            The Chair
         
      
   
   
      (1)  OJ L 260, 30.8.2014, p. 4.
   
      (2)  OJ L 94, 28.3.2014, p. 1.
   
      (3)  OJ L 94, 28.3.2014, p. 65.
   
      (4)  OJ L 94, 28.3.2014, p. 243.
   
      ANNEX
      Annex XXIX to the Agreement is replaced by the following:
      ‘
            ANNEX XXIX
            
               PUBLIC PROCUREMENT
            
            
               ANNEX XXIX-A
               
                  THRESHOLDS
               
               
                        
                           1.
                        
                        
                           The value thresholds referred to in Article 269(3) of this Agreement shall be for both Parties:
                           
                                       (a)
                                    
                                    
                                       EUR 134 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
                                    
                                 
                                       (b)
                                    
                                    
                                       EUR 207 000 in the case of public supply and public service contracts not covered by point (a);
                                    
                                 
                                       (c)
                                    
                                    
                                       EUR 5 186 000 in the case of public works contracts;
                                    
                                 
                                       (d)
                                    
                                    
                                       EUR 5 186 000 in the case of works contracts in the utilities sector;
                                    
                                 
                                       (e)
                                    
                                    
                                       EUR 5 186 000 in the case of concessions;
                                    
                                 
                                       (f)
                                    
                                    
                                       EUR 414 000 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 value thresholds referred to in paragraph 1 shall be adapted to reflect the thresholds applicable under Directives 2014/23/EU, 2014/24/EU and 2014/25/EU at the moment of the entry into force of this Agreement.
                        
                     
            
               ANNEX XXIX-B
               
                  Indicative time schedule for institutional reform, approximation and market access
               
               
                           Phase
                        
                        
                            
                        
                        
                           Indicative time schedule
                        
                        
                           Market access granted to the EU by the Republic of Moldova
                        
                        
                           Market access granted to the Republic of Moldova by the EU
                        
                        
                            
                        
                     
                           1
                        
                        
                           Implementation of Articles 270(2) and 271 of this Agreement
                           Agreement of the Reform Strategy set out in Article 272 of this Agreement
                        
                        
                           9 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
                        
                        
                           5 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 XXIX-C and XXIX-N
                        
                     
                           Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC
                        
                        
                           5 years after the entry into force of this Agreement
                        
                        
                           Supplies for all contracting entities in the utilities sector
                        
                        
                           Supplies for all contracting entities
                        
                        
                           Annexes XXIX-G and XXIX-Q
                        
                     
                           Approximation and implementation of other elements of Directive 2014/24/EU
                        
                        
                           5 years after the entry into force of this Agreement
                        
                        
                           Service and works contracts for all contracting authorities
                        
                        
                           Service and works contracts for all contracting authorities
                        
                        
                           Annexes XXIX-D, XXIX-E, and XXIX-O
                        
                     
                           3
                        
                        
                           Approximation and implementation of Directive 2014/23/EU
                        
                        
                           6 years after the entry into force of this Agreement
                        
                        
                           Concessions for all contracting authorities
                        
                        
                           Concessions for all contracting authorities
                        
                        
                           Annexes XXIX-K and XXIX-L
                        
                     
                           4
                        
                        
                           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 XXIX-H, XXIX-I and XXIX-R
                        
                     
            
               ANNEX XXIX-C
               
                  Basic elements of 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
               
               (Phase 2)
               
                           TITLE I
                        
                        
                           Scope, definitions and general principles
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Scope and definitions
                        
                     
                           Section 1
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 1
                        
                        
                           Subject-matter and scope: paragraphs 1, 2, 5 and 6
                        
                     
                           Article 2
                        
                        
                           Definitions: points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24) of paragraph 1
                        
                     
                           Article 3
                        
                        
                           Mixed procurement
                        
                     
                           Section 2
                        
                        
                           Thresholds
                        
                     
                           Article 4
                        
                        
                           Threshold amounts
                        
                     
                           Article 5
                        
                        
                           Methods for calculating the estimated value of procurement
                        
                     
                           Section 3
                        
                        
                           Exclusions
                        
                     
                           Article 7
                        
                        
                           Contracts in the water, energy, transport and postal services sectors
                        
                     
                           Article 8
                        
                        
                           Specific exclusions in the field of electronic communications
                        
                     
                           Article 9
                        
                        
                           Public contracts awarded and design contests organised pursuant to international rules
                        
                     
                           Article 10
                        
                        
                           Specific exclusions for service contracts
                        
                     
                           Article 11
                        
                        
                           Service contracts awarded on the basis of an exclusive right
                        
                     
                           Article 12
                        
                        
                           Public contracts between entities within the public sector
                        
                     
                           Section 4
                        
                        
                           Specific situations
                        
                     
                           Subsection 1
                        
                        
                           Subsidised contracts and research and development services
                        
                     
                           Article 13
                        
                        
                           Contracts subsidised by contracting authorities
                        
                     
                           Article 14
                        
                        
                           Research and development services
                        
                     
                           Subsection 2
                        
                        
                           Procurement involving defence and security aspects
                        
                     
                           Article 15
                        
                        
                           Defence and security
                        
                     
                           Article 16
                        
                        
                           Mixed procurement involving defence or security aspects
                        
                     
                           Article 17
                        
                        
                           Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           General rules
                        
                     
                           Article 18
                        
                        
                           Principles of procurement
                        
                     
                           Article 19
                        
                        
                           Economic operators
                        
                     
                           Article 21
                        
                        
                           Confidentiality
                        
                     
                           Article 22
                        
                        
                           Rules applicable to communication: paragraphs 2-6
                        
                     
                           Article 23
                        
                        
                           Nomenclatures
                        
                     
                           Article 24
                        
                        
                           Conflicts of interest
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules on public contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Procedures
                        
                     
                           Article 26
                        
                        
                           Choice of procedures: paragraphs 1, 2, point (a) of paragraph 4, paragraphs 5 and 6
                        
                     
                           Article 27
                        
                        
                           Open procedure
                        
                     
                           Article 28
                        
                        
                           Restricted procedure
                        
                     
                           Article 29
                        
                        
                           Competitive procedure with negotiation
                        
                     
                           Article 32
                        
                        
                           Use of the negotiated procedure without prior publication
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Conduct of the procedure
                        
                     
                           Section 1
                        
                        
                           Preparation
                        
                     
                           Article 40
                        
                        
                           Preliminary market consultations
                        
                     
                           Article 41
                        
                        
                           Prior involvement of candidates or tenderers
                        
                     
                           Article 42
                        
                        
                           Technical specifications
                        
                     
                           Article 43
                        
                        
                           Labels
                        
                     
                           Article 44
                        
                        
                           Test reports, certification and other means of proof: paragraphs 1 and 2
                        
                     
                           Article 45
                        
                        
                           Variants
                        
                     
                           Article 46
                        
                        
                           Division of contracts into lots
                        
                     
                           Article 47
                        
                        
                           Setting time limits
                        
                     
                           Section 2
                        
                        
                           Publication and transparency
                        
                     
                           Article 48
                        
                        
                           Prior information notices
                        
                     
                           Article 49
                        
                        
                           Contract notices
                        
                     
                           Article 50
                        
                        
                           Contract award notices: paragraphs 1 and 4
                        
                     
                           Article 51
                        
                        
                           Form and manner of publication of notices: first subparagraph of paragraph 1 and first subparagraph of paragraph 5
                        
                     
                           Article 53
                        
                        
                           Electronic availability of procurement documents
                        
                     
                           Article 54
                        
                        
                           Invitations to candidates
                        
                     
                           Section 3
                        
                        
                           Choice of participants and award of contracts
                        
                     
                           Article 56
                        
                        
                           General principles
                        
                     
                           Subsection 1
                        
                        
                           Criteria for qualitative selection
                        
                     
                           Article 57
                        
                        
                           Exclusion grounds
                        
                     
                           Article 58
                        
                        
                           Selection criteria
                        
                     
                           Article 59
                        
                        
                           European Single Procurement Document: paragraph 1 mutatis mutandis and paragraph 4
                        
                     
                           Article 60
                        
                        
                           Means of proof
                        
                     
                           Article 62
                        
                        
                           Quality assurance standards and environmental management standards: paragraphs 1 and 2
                        
                     
                           Article 63
                        
                        
                           Reliance on the capacities of other entities
                        
                     
                           Subsection 2
                        
                        
                           Reduction of numbers of candidates, tenders and solutions
                        
                     
                           Article 65
                        
                        
                           Reduction of the number of otherwise qualified candidates to be invited to participate
                        
                     
                           Article 66
                        
                        
                           Reduction of the number of tenders and solutions
                        
                     
                           Subsection 3
                        
                        
                           Award of the contract
                        
                     
                           Article 67
                        
                        
                           Contract award criteria
                        
                     
                           Article 68
                        
                        
                           Life-cycle costing: paragraphs 1 and 2
                        
                     
                           Article 69
                        
                        
                           Abnormally low tenders: paragraphs 1-4
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER IV
                        
                        
                           Contract performance
                        
                     
                           Article 70
                        
                        
                           Conditions for performance of contracts
                        
                     
                           Article 71
                        
                        
                           Subcontracting
                        
                     
                           Article 72
                        
                        
                           Modification of contracts during their term
                        
                     
                           Article 73
                        
                        
                           Termination of contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE III
                        
                        
                           Particular procurement regimes
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Social and other specific services
                        
                     
                           Article 74
                        
                        
                           Award of contracts for social and other specific services
                        
                     
                           Article 75
                        
                        
                           Publication of notices
                        
                     
                           Article 76
                        
                        
                           Principles of awarding contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           ANNEXES
                        
                     
                           Annex II
                        
                        
                           List of the activities referred to in point (6)(a) of Article 2(1)
                        
                     
                           Annex III
                        
                        
                           List of products referred to in Article 4(b) with regard to contracts awarded contracting authorities in the field of defence
                        
                     
                           Annex IV
                        
                        
                           Requirements relating to tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in design contests
                        
                     
                           Annex V
                        
                        
                           Information to be included in notices
                        
                     
                            
                        
                        
                           Part A
                        
                        
                           Information to be included in notices of the publication of a prior information notice on a buyer profile
                        
                     
                            
                        
                        
                           Part B
                        
                        
                           Information to be included in prior information notices (as referred to in Article 48)
                        
                     
                            
                        
                        
                           Part C
                        
                        
                           Information to be included in contract notices (as referred to in Article 49)
                        
                     
                            
                        
                        
                           Part D
                        
                        
                           Information to be included in contract award notices (as referred to in Article 50)
                        
                     
                            
                        
                        
                           Part G
                        
                        
                           Information to be included in notices of modifications of a contract during its term (as referred to in Article 72(1))
                        
                     
                            
                        
                        
                           Part H
                        
                        
                           Information to be included in contract notices concerning contracts for social and other specific services (as referred to in Article 75(1))
                        
                     
                            
                        
                        
                           Part I
                        
                        
                           Information to be included in prior information notices for social and other specific services (as referred to in Article 75(1))
                        
                     
                            
                        
                        
                           Part J
                        
                        
                           Information to be included in contract award notices concerning contracts for social and other specific services (as referred to in Article 75(2))
                        
                     
                           Annex VII
                        
                        
                           Definition of certain technical specifications
                        
                     
                           Annex IX
                        
                        
                           Contents of the invitations to submit a tender, to participate in the dialogue or to confirm interest provided for under Article 54
                        
                     
                           Annex X
                        
                        
                           List of international social and environmental conventions referred to in Article 18(2)
                        
                     
                           Annex XII
                        
                        
                           Means of proof of selection criteria
                        
                     
                           Annex XIV
                        
                        
                           Services referred to in Article 74
                        
                     
            
               ANNEX XXIX-D
               
                  Other mandatory elements of Directive 2014/24/EU
               
               (Phase 2)
               
                           TITLE I
                        
                        
                           Scope, definitions and general principles
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Scope and definitions
                        
                     
                           Section 1
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 2
                        
                        
                           Definitions: point (21) of paragraph 1
                        
                     
                           Article 22
                        
                        
                           Rules applicable to communication: paragraph 1
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules on public contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Procedures
                        
                     
                           Article 26
                        
                        
                           Choice of procedures: paragraph 3 and point (b) of paragraph 4
                        
                     
                           Article 30
                        
                        
                           Competitive dialogue
                        
                     
                           Article 31
                        
                        
                           Innovation partnership
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Techniques and instruments for electronic and aggregated procurement
                        
                     
                           Article 33
                        
                        
                           Framework agreements
                        
                     
                           Article 34
                        
                        
                           Dynamic purchasing systems
                        
                     
                           Article 35
                        
                        
                           Electronic auctions
                        
                     
                           Article 36
                        
                        
                           Electronic catalogues
                        
                     
                           Article 38
                        
                        
                           Occasional joint procurement
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Conduct of the procedure
                        
                     
                           Section 2
                        
                        
                           Publication and transparency
                        
                     
                           Article 50
                        
                        
                           Contract award notices: paragraphs 2 and 3
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE III
                        
                        
                           Particular procurement regimes
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Rules governing design contests
                        
                     
                           Article 78
                        
                        
                           Scope
                        
                     
                           Article 79
                        
                        
                           Notices
                        
                     
                           Article 80
                        
                        
                           Rules on the organisation of design contests and the selection of participants
                        
                     
                           Article 81
                        
                        
                           Composition of the jury
                        
                     
                           Article 82
                        
                        
                           Decisions of the jury
                        
                     
                            
                        
                        
                            
                        
                     
                           ANNEXES
                        
                     
                           Annex V
                        
                        
                           Information to be included in notices
                        
                     
                            
                        
                        
                           Part E
                        
                        
                           Information to be included in design contest notices (as referred to in Article 79(1))
                        
                     
                            
                        
                        
                           Part F
                        
                        
                           Information to be included in notices of the results of a contest (as referred to in Article 79(2))
                        
                     
                           Annex VI
                        
                        
                           Information to be included in the procurement documents relating to electronic auctions (Article 35(4))
                        
                     
            
               ANNEX XXIX-E
               
                  Other non-mandatory elements of Directive 2014/24/EU
               
               (Phase 2)
               The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.
               
                           TITLE I
                        
                        
                           Scope, definitions and general principles
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Scope and definitions
                        
                     
                           Section 1
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 2
                        
                        
                           Definitions: points (14) and (16) of paragraph 1
                        
                     
                           Article 20
                        
                        
                           Reserved contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Techniques and instruments for electronic and aggregated procurement
                        
                     
                           Article 37
                        
                        
                           Centralised purchasing activities and central purchasing bodies
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Conduct of the procedure
                        
                     
                           Section 3
                        
                        
                           Choice of participants and award of contracts
                        
                     
                           Article 64
                        
                        
                           Official lists of approved economic operators and certification by bodies established under public or private law
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE III
                        
                        
                           Particular procurement regimes
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Social and other specific services
                        
                     
                           Article 77
                        
                        
                           Reserved contracts for certain services
                        
                     
            
               ANNEX XXIX-F
               
                  Provisions of Directive 2014/24/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
                        
                        
                           Scope and definitions
                        
                     
                           Section 1
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 1
                        
                        
                           Subject-matter and scope: paragraphs 3 and 4
                        
                     
                           Article 2
                        
                        
                           Definitions: paragraph 2
                        
                     
                           Section 2
                        
                        
                           Thresholds
                        
                     
                           Article 6
                        
                        
                           Revision of the thresholds and of the list of central government authorities
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules on public contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Procedures
                        
                     
                           Article 25
                        
                        
                           Conditions relating to the GPA and other international agreements
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Techniques and instruments for electronic and aggregated procurement
                        
                     
                           Article 39
                        
                        
                           Procurement involving contracting authorities from different Member States
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Conduct of the procedure
                        
                     
                           Section 1
                        
                        
                           Preparation
                        
                     
                           Article 44
                        
                        
                           Test reports, certification and other means of proof: paragraph 3
                        
                     
                           Section 2
                        
                        
                           Publication and transparency
                        
                     
                           Article 51
                        
                        
                           Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4, second subparagraph of paragraph 5, paragraph 6
                        
                     
                           Article 52
                        
                        
                           Publication at national level
                        
                     
                           Section 3
                        
                        
                           Choice of participants and award of contracts
                        
                     
                           Article 61
                        
                        
                           Online repository of certificates (e-Certis)
                        
                     
                           Article 62
                        
                        
                           Quality assurance standards and environmental management standards: paragraph 3
                        
                     
                           Article 68
                        
                        
                           Life-cycle costing: paragraph 3
                        
                     
                           Article 69
                        
                        
                           Abnormally low tender: paragraph 5
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE IV
                        
                        
                           Governance
                        
                     
                           Article 83
                        
                        
                           Enforcement
                        
                     
                           Article 84
                        
                        
                           Individual reports on procedures for the award of contracts
                        
                     
                           Article 85
                        
                        
                           National reporting and statistical information
                        
                     
                           Article 86
                        
                        
                           Administrative cooperation
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE V
                        
                        
                           Delegated powers, implementing powers and final provisions
                        
                     
                           Article 87
                        
                        
                           Exercise of the delegation
                        
                     
                           Article 88
                        
                        
                           Urgency procedure
                        
                     
                           Article 89
                        
                        
                           Committee procedure
                        
                     
                           Article 90
                        
                        
                           Transposition and transitional provisions
                        
                     
                           Article 91
                        
                        
                           Repeals
                        
                     
                           Article 92
                        
                        
                           Review
                        
                     
                           Article 93
                        
                        
                           Entry into force
                        
                     
                           Article 94
                        
                        
                           Addressees
                        
                     
                            
                        
                        
                            
                        
                     
                           ANNEXES
                        
                     
                           Annex I
                        
                        
                           Central government authorities
                        
                     
                           Annex VIII
                        
                        
                           Features concerning publication
                        
                     
                           Annex XI
                        
                        
                           Registers
                        
                     
                           Annex XIII
                        
                        
                           List of union legal acts referred to in Article 68(3)
                        
                     
                           Annex XV
                        
                        
                           Correlation table
                        
                     
            
               ANNEX XXIX-G
               
                  Basic elements of 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
               
               (Phase 2)
               
                           TITLE I
                        
                        
                           Scope, definitions and general principles
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 1
                        
                        
                           Subject-matter and scope: paragraphs 1, 2, 5 and 6
                        
                     
                           Article 2
                        
                        
                           Definitions: points (1)-(9), (13)-(16) and (18)-(20)
                        
                     
                           Article 3
                        
                        
                           Contracting authorities: paragraphs 1 and 4
                        
                     
                           Article 4
                        
                        
                           Contracting entities: paragraphs 1-3
                        
                     
                           Article 5
                        
                        
                           Mixed procurement covering the same activity
                        
                     
                           Article 6
                        
                        
                           Procurement covering several activities
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Activities
                        
                     
                           Article 7
                        
                        
                           Common provisions
                        
                     
                           Article 8
                        
                        
                           Gas and heat
                        
                     
                           Article 9
                        
                        
                           Electricity
                        
                     
                           Article 10
                        
                        
                           Water
                        
                     
                           Article 11
                        
                        
                           Transport services
                        
                     
                           Article 12
                        
                        
                           Ports and airports
                        
                     
                           Article 13
                        
                        
                           Postal services
                        
                     
                           Article 14
                        
                        
                           Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Material scope
                        
                     
                           Section 1
                        
                        
                           Thresholds
                        
                     
                           Article 15
                        
                        
                           Threshold amounts
                        
                     
                           Article 16
                        
                        
                           Methods for calculating the estimated value of procurement: paragraphs 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 18
                        
                        
                           Contracts awarded for purposes of resale or lease to third parties: paragraph 1
                        
                     
                           Article 20
                        
                        
                           Contracts awarded and design contests organised pursuant to international rules
                        
                     
                           Article 21
                        
                        
                           Specific exclusions for service contracts
                        
                     
                           Article 22
                        
                        
                           Service contracts awarded on the basis of an exclusive right
                        
                     
                           Article 23
                        
                        
                           Contracts awarded by certain contracting authorities for the purchase of water and for the supply of energy or of fuels for the production of energy
                        
                     
                           Subsection 2
                        
                        
                           Procurement involving defence and security aspects
                        
                     
                           Article 24
                        
                        
                           Defence and security
                        
                     
                           Article 25
                        
                        
                           Mixed procurement covering the same activity and involving defence or security aspects
                        
                     
                           Article 26
                        
                        
                           Procurement covering several activities and involving defence or security aspects
                        
                     
                           Article 27
                        
                        
                           Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
                        
                     
                           Subsection 3
                        
                        
                           Special relations (cooperation, affiliated undertakings and joint ventures)
                        
                     
                           Article 28
                        
                        
                           Contracts between contracting authorities
                        
                     
                           Article 29
                        
                        
                           Contracts awarded to an affiliated undertaking
                        
                     
                           Article 30
                        
                        
                           Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
                        
                     
                           Subsection 4
                        
                        
                           Specific situations
                        
                     
                           Article 32
                        
                        
                           Research and development services
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER IV
                        
                        
                           General principles
                        
                     
                           Article 36
                        
                        
                           Principles of procurement
                        
                     
                           Article 37
                        
                        
                           Economic operators
                        
                     
                           Article 39
                        
                        
                           Confidentiality
                        
                     
                           Article 40
                        
                        
                           Rules applicable to communication
                        
                     
                           Article 41
                        
                        
                           Nomenclatures
                        
                     
                           Article 42
                        
                        
                           Conflicts of interest
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules applicable to contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Procedures
                        
                     
                           Article 44
                        
                        
                           Choice of procedures: paragraphs 1, 2 and 4
                        
                     
                           Article 45
                        
                        
                           Open procedure
                        
                     
                           Article 46
                        
                        
                           Restricted procedure
                        
                     
                           Article 47
                        
                        
                           Negotiated procedure with prior call for competition
                        
                     
                           Article 50
                        
                        
                           Use of the negotiated procedure without prior call for competition: points (a)–(i)
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Conduct of the procedure
                        
                     
                           Section 1
                        
                        
                           Preparation
                        
                     
                           Article 58
                        
                        
                           Preliminary market consultations
                        
                     
                           Article 59
                        
                        
                           Prior involvement of candidates or tenderers
                        
                     
                           Article 60
                        
                        
                           Technical specifications
                        
                     
                           Article 61
                        
                        
                           Labels
                        
                     
                           Article 62
                        
                        
                           Test reports, certification and other means of proof
                        
                     
                           Article 63
                        
                        
                           Communication of technical specifications
                        
                     
                           Article 64
                        
                        
                           Variants
                        
                     
                           Article 65
                        
                        
                           Division of contracts into lots
                        
                     
                           Article 66
                        
                        
                           Setting time limits
                        
                     
                           Section 2
                        
                        
                           Publication and Transparency
                        
                     
                           Article 67
                        
                        
                           Periodic indicative notices
                        
                     
                           Article 68
                        
                        
                           Notices on the existence of a qualification system
                        
                     
                           Article 69
                        
                        
                           Contract notices
                        
                     
                           Article 70
                        
                        
                           Contract award notices: paragraphs 1, 3 and 4
                        
                     
                           Article 71
                        
                        
                           Form and manner of publication of notices: paragraph 1 and first subparagraph of paragraph 5
                        
                     
                           Article 73
                        
                        
                           Electronic availability of procurement documents
                        
                     
                           Article 74
                        
                        
                           Invitations to candidates
                        
                     
                           Article 75
                        
                        
                           Informing applicants for qualification, candidates and tenderers
                        
                     
                           Section 3
                        
                        
                           Choice of participants and award of contract
                        
                     
                           Article 76
                        
                        
                           General principles
                        
                     
                           Subsection 1
                        
                        
                           Qualification and qualitative selection
                        
                     
                           Article 78
                        
                        
                           Criteria for qualitative selection
                        
                     
                           Article 79
                        
                        
                           Reliance on the capacities of other entities: paragraph 2
                        
                     
                           Article 80
                        
                        
                           Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
                        
                     
                           Article 81
                        
                        
                           Quality assurance standards and environmental management standards: paragraphs 1 and 2
                        
                     
                           Subsection 2
                        
                        
                           Award of the contract
                        
                     
                           Article 82
                        
                        
                           Contract award criteria
                        
                     
                           Article 83
                        
                        
                           Life-cycle costing: paragraphs 1 and 2
                        
                     
                           Article 84
                        
                        
                           Abnormally low tenders: paragraphs 1-4
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER IV
                        
                        
                           Contract performance
                        
                     
                           Article 87
                        
                        
                           Conditions for performance of contracts
                        
                     
                           Article 88
                        
                        
                           Subcontracting
                        
                     
                           Article 89
                        
                        
                           Modification of contracts during their term
                        
                     
                           Article 90
                        
                        
                           Termination of contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE III
                        
                        
                           Particular procurement regimes
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Social and other specific services
                        
                     
                           Article 91
                        
                        
                           Award of contracts for social and other specific services
                        
                     
                           Article 92
                        
                        
                           Publication of notices
                        
                     
                           Article 93
                        
                        
                           Principles of awarding contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           ANNEXES
                        
                     
                           Annex I
                        
                        
                           List of activities as set out in point (a) of point 2 of Article 2
                        
                     
                           Annex V
                        
                        
                           Requirements relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests
                        
                     
                           Annex VI part A
                        
                        
                           Information to be included in the periodic indicative notice (as referred to in Article 67)
                        
                     
                           Annex VI part B
                        
                        
                           Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))
                        
                     
                           Annex VIII
                        
                        
                           Definition of certain technical specifications
                        
                     
                           Annex IX
                        
                        
                           Features concerning publication
                        
                     
                           Annex X
                        
                        
                           Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)
                        
                     
                           Annex XI
                        
                        
                           Information to be included in contract notices (as referred to in Article 69)
                        
                     
                           Annex XII
                        
                        
                           Information to be included in the contract award notice (as referred to in Article 70)
                        
                     
                           Annex XIII
                        
                        
                           Contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74
                        
                     
                           Annex XIV
                        
                        
                           List of International Social and Environmental Conventions referred to in Article 36(2)
                        
                     
                           Annex XVI
                        
                        
                           Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))
                        
                     
                           Annex XVII
                        
                        
                           Services referred to in Article 91
                        
                     
                           Annex XVIII
                        
                        
                           Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)
                        
                     
            
               ANNEX XXIX-H
               
                  Other mandatory elements of Directive 2014/25/EU
               
               (Phase 4)
               
                           TITLE I
                        
                        
                           Scope, definitions and general principles
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 2
                        
                        
                           Definitions: point (17)
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Material scope
                        
                     
                           Section 1
                        
                        
                           Thresholds
                        
                     
                           Article 16
                        
                        
                           Methods for calculating the estimated value of procurement: paragraphs 5 and 6
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules applicable to contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Procedures
                        
                     
                           Article 44
                        
                        
                           Choice of procedures: paragraph 3
                        
                     
                           Article 48
                        
                        
                           Competitive dialogue
                        
                     
                           Article 49
                        
                        
                           Innovation partnership
                        
                     
                           Article 50
                        
                        
                           Use of the negotiated procedure without prior call for competition: point (j)
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Techniques and instruments for electronic and aggregated procurement
                        
                     
                           Article 51
                        
                        
                           Framework agreements
                        
                     
                           Article 52
                        
                        
                           Dynamic purchasing systems
                        
                     
                           Article 53
                        
                        
                           Electronic auctions
                        
                     
                           Article 54
                        
                        
                           Electronic catalogues
                        
                     
                           Article 56
                        
                        
                           Occasional joint procurement
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Conduct of the procedure
                        
                     
                           Section 2
                        
                        
                           Publication and transparency
                        
                     
                           Article 70
                        
                        
                           Contract award notices: paragraph 2
                        
                     
                           Section 3
                        
                        
                           Choice of participants and award of contracts
                        
                     
                           Subsection 1
                        
                        
                           Qualification and qualitative selection
                        
                     
                           Article 77
                        
                        
                           Qualification systems
                        
                     
                           Article 79
                        
                        
                           Reliance on the capacities of other entities: paragraph 1
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE III
                        
                        
                           Particular procurement regimes
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Rules governing design contests
                        
                     
                           Article 95
                        
                        
                           Scope
                        
                     
                           Article 96
                        
                        
                           Notices
                        
                     
                           Article 97
                        
                        
                           Rules on the organisation of design contests, the selection of participants and the jury
                        
                     
                           Article 98
                        
                        
                           Decision of the jury
                        
                     
                            
                        
                        
                            
                        
                     
                           ANNEXES
                        
                     
                           Annex VII
                        
                        
                           Information to be included in the procurement documents relating to electronic auctions (Article 53(4))
                        
                     
                           Annex XIX
                        
                        
                           Information to be included in the design contest notice (as referred to in Article 96(1))
                        
                     
                           Annex XX
                        
                        
                           Information to be included in the results of design contest notices (as referred to in Article 96(1))
                        
                     
            
               ANNEX XXIX-I
               
                  Other non-mandatory elements of Directive 2014/25/EU
               
               (Phase 4)
               The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.
               
                           TITLE I
                        
                        
                           Scope, definitions and general principles
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 2
                        
                        
                           Definitions: points (10)-(12)
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER IV
                        
                        
                           General principles
                        
                     
                           Article 38
                        
                        
                           Reserved contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules applicable to contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Procedures
                        
                     
                           Article 55
                        
                        
                           Centralised purchasing activities and central purchasing bodies
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE III
                        
                        
                           Particular procurement regimes
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Social and other specific services
                        
                     
                           Article 94
                        
                        
                           Reserved contracts for certain services
                        
                     
            
               ANNEX XXIX-J
               
                  Provisions of Directive 2014/25/EU outside the scope of approximation
               
               The elements listed in this Annex are not subject to the process of approximation.
               
                           TITLE I
                        
                        
                           Scope, definitions and general principles
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Subject-matter and definitions
                        
                     
                           Article 1
                        
                        
                           Subject matter and scope: paragraphs 3 and 4
                        
                     
                           Article 3
                        
                        
                           Contracting authorities: paragraphs 2 and 3
                        
                     
                           Article 4
                        
                        
                           Contracting entities: paragraph 4
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Material scope
                        
                     
                           Section 1
                        
                        
                           Thresholds
                        
                     
                           Article 17
                        
                        
                           Revision of the thresholds
                        
                     
                           Section 2
                        
                        
                           Excluded contracts and design contests: special provisions for procurement involving defence and security aspects
                        
                     
                           Subsection 1
                        
                        
                           Exclusions applicable to all contracting entities and special exclusions for the water and energy sector
                        
                     
                           Article 18
                        
                        
                           Contracts awarded for purposes of resale or lease to third parties: paragraph 2
                        
                     
                           Article 19
                        
                        
                           Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2
                        
                     
                           Subsection 3
                        
                        
                           Special relations (cooperation, affiliated undertakings and joint ventures)
                        
                     
                           Article 31
                        
                        
                           Notification of information
                        
                     
                           Subsection 4
                        
                        
                           Specific situations
                        
                     
                           Article 33
                        
                        
                           Contracts subject to special arrangements
                        
                     
                           Subsection 5
                        
                        
                           Activities directly exposed to competition and procedural provisions relating thereto
                        
                     
                           Article 34
                        
                        
                           Activities directly exposed to competition
                        
                     
                           Article 35
                        
                        
                           Procedure for establishing whether Article 34 is applicable
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules applicable to contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Procedures
                        
                     
                           Article 43
                        
                        
                           Conditions relating to the GPA and other international agreements
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Techniques and instruments for electronic and aggregated procurement
                        
                     
                           Article 57
                        
                        
                           Procurement involving contracting entities from different Member States
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER III
                        
                        
                           Conduct of the procedure
                        
                     
                           Section 2
                        
                        
                           Publication and transparency
                        
                     
                           Article 71
                        
                        
                           Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
                        
                     
                           Article 72
                        
                        
                           Publication at national level
                        
                     
                           Section 3
                        
                        
                           Choice of participants and award of contract
                        
                     
                           Article 81
                        
                        
                           Quality assurance standards and environmental management standards: paragraph 3
                        
                     
                           Article 83
                        
                        
                           Life-cycle costing: paragraph 3
                        
                     
                           Section 4
                        
                        
                           Tenders comprising products originating in third countries and relations with those countries
                        
                     
                           Article 85
                        
                        
                           Tenders comprising products originating in third countries
                        
                     
                           Article 86
                        
                        
                           Relations with third countries as regards works, supplies and service contracts
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE IV
                        
                        
                           Governance
                        
                     
                           Article 99
                        
                        
                           Enforcement
                        
                     
                           Article 100
                        
                        
                           Individual reports on procedures for the award of contracts
                        
                     
                           Article 101
                        
                        
                           National reporting and statistical information
                        
                     
                           Article 102
                        
                        
                           Administrative cooperation
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE V
                        
                        
                           Delegated powers, implementing powers and final provisions
                        
                     
                           Article 103
                        
                        
                           Exercise of the delegation
                        
                     
                           Article 104
                        
                        
                           Urgency procedure
                        
                     
                           Article 105
                        
                        
                           Committee procedure
                        
                     
                           Article 106
                        
                        
                           Transposition and transitional provisions
                        
                     
                           Article 107
                        
                        
                           Repeal
                        
                     
                           Article 108
                        
                        
                           Review
                        
                     
                           Article 109
                        
                        
                           Entry into force
                        
                     
                           Article 110
                        
                        
                           Addressees
                        
                     
                            
                        
                        
                            
                        
                     
                           ANNEXES
                        
                     
                           Annex II
                        
                        
                           List of Union legal acts referred to in Article 4(3)
                        
                     
                           Annex III
                        
                        
                           List of Union legal acts referred to in Article 34(3)
                        
                     
                           Annex IV
                        
                        
                           Deadlines for the adoption of the implementing acts referred to in Article 35
                        
                     
                           Annex XV
                        
                        
                           List of Union legal acts referred to in Article 83(3)
                        
                     
            
               ANNEX XXIX-K
               
                  Basic elements of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts
               
               (Phase 3)
               
                           TITLE I
                        
                        
                           Subject-matter, scope, principles and definitions
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Scope, general principles and definitions
                        
                     
                           Section I
                        
                        
                           Subject-matter, scope, general principles, definitions and threshold
                        
                     
                           Article 1
                        
                        
                           Subject-matter and scope: paragraphs 1, 2 and 4
                        
                     
                           Article 2
                        
                        
                           Principle of free administration by public authorities
                        
                     
                           Article 3
                        
                        
                           Principle of equal treatment, non-discrimination and transparency
                        
                     
                           Article 4
                        
                        
                           Freedom to define services of general economic interest
                        
                     
                           Article 5
                        
                        
                           Definitions
                        
                     
                           Article 6
                        
                        
                           Contracting authorities: paragraphs 1 and 4
                        
                     
                           Article 7
                        
                        
                           Contracting entities
                        
                     
                           Article 8
                        
                        
                           Threshold and methods for calculating the estimated value of concessions
                        
                     
                           Section II
                        
                        
                           Exclusions
                        
                     
                           Article 10
                        
                        
                           Exclusions applicable to concessions awarded by contracting authorities and contracting entities
                        
                     
                           Article 11
                        
                        
                           Specific exclusions in the field of electronic communications
                        
                     
                           Article 12
                        
                        
                           Specific exclusions in the field of water
                        
                     
                           Article 13
                        
                        
                           Concessions awarded to an affiliated undertaking
                        
                     
                           Article 14
                        
                        
                           Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
                        
                     
                           Article 17
                        
                        
                           Concessions between entities within the public sector
                        
                     
                           Section III
                        
                        
                           General provisions
                        
                     
                           Article 18
                        
                        
                           Duration of the concession
                        
                     
                           Article 19
                        
                        
                           Social and other specific services
                        
                     
                           Article 20
                        
                        
                           Mixed contracts
                        
                     
                           Article 21
                        
                        
                           Mixed procurement contracts involving defence or security aspects
                        
                     
                           Article 22
                        
                        
                           Contracts covering both activities referred to in Annex II and other activities
                        
                     
                           Article 23
                        
                        
                           Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
                        
                     
                           Article 25
                        
                        
                           Research and development services
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Principles
                        
                     
                           Article 26
                        
                        
                           Economic operators
                        
                     
                           Article 27
                        
                        
                           Nomenclatures
                        
                     
                           Article 28
                        
                        
                           Confidentiality
                        
                     
                           Article 29
                        
                        
                           Rules applicable to communication
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules on the award of concessions: general principles and procedural guarantees
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           General principles
                        
                     
                           Article 30
                        
                        
                           General principles: paragraphs 1, 2 and 3
                        
                     
                           Article 31
                        
                        
                           Concession notices
                        
                     
                           Article 32
                        
                        
                           Concession award notices
                        
                     
                           Article 33
                        
                        
                           Form and manner of publication of notices: first subparagraph of paragraph 1
                        
                     
                           Article 34
                        
                        
                           Electronic availability of concession documents
                        
                     
                           Article 35
                        
                        
                           Combating corruption and preventing conflicts of interest
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER II
                        
                        
                           Procedural guarantees
                        
                     
                           Article 36
                        
                        
                           Technical and functional requirements
                        
                     
                           Article 37
                        
                        
                           Procedural guarantees
                        
                     
                           Article 38
                        
                        
                           Selection of and qualitative assessment of candidates
                        
                     
                           Article 39
                        
                        
                           Time limits for receipt of applications and tenders for the concession
                        
                     
                           Article 40
                        
                        
                           Provision of information to candidates and tenderers
                        
                     
                           Article 41
                        
                        
                           Award criteria
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE III
                        
                        
                           Rules on performance of concessions
                        
                     
                           Article 42
                        
                        
                           Subcontracting
                        
                     
                           Article 43
                        
                        
                           Modification of contracts during their term
                        
                     
                           Article 44
                        
                        
                           Termination of concessions
                        
                     
                           Article 45
                        
                        
                           Monitoring and reporting
                        
                     
                            
                        
                        
                            
                        
                     
                           ANNEXES
                        
                     
                           Annex I
                        
                        
                           List of the activities referred to in point (7) of Article 5
                        
                     
                           Annex II
                        
                        
                           Activities exercised by contracting entities as referred to in Article 7
                        
                     
                           Annex III
                        
                        
                           List of legal acts of the union referred to in point (b) of Article 7(2)
                        
                     
                           Annex IV
                        
                        
                           Services referred to in Article 19
                        
                     
                           Annex V
                        
                        
                           Information to be included in concession notices referred to in Article 31
                        
                     
                           Annex VI
                        
                        
                           Information to be included in prior information notices concerning concessions for social and other specific services, as referred to in Article 31(3)
                        
                     
                           Annex VII
                        
                        
                           Information to be included in concession award notices, as referred to in Article 32
                        
                     
                           Annex VIII
                        
                        
                           Information to be included in concession award notices concerning concessions for social and other specific services, as referred to in Article 32
                        
                     
                           Annex IX
                        
                        
                           Features concerning publication
                        
                     
                           Annex X
                        
                        
                           List of international social and environmental conventions referred to in Article 30(3)
                        
                     
                           Annex XI
                        
                        
                           Information to be included in notices of modifications of a concession during its term according to Article 43
                        
                     
            
               ANNEX XXIX-L
               
                  Other non-mandatory elements of Directive 2014/23/EU
               
               (Phase 3)
               The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.
               
                           TITLE I
                        
                        
                           Subject-matter, scope, principles and definitions
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Scope, general principles and definitions
                        
                     
                            
                        
                        
                            
                        
                     
                           Section IV
                        
                        
                           Specific situations
                        
                     
                           Article 24
                        
                        
                           Reserved concessions
                        
                     
            
               ANNEX XXIX-M
               
                  Provisions of Directive 2014/23/EU outside the scope of approximation
               
               The elements listed in this Annex are not subject to the process of approximation.
               
                           TITLE I
                        
                        
                           Subject-matter, scope, principles and definitions
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           Scope, general principles and definitions
                        
                     
                           Section I
                        
                        
                           Subject-matter, scope, general principles, definitions and threshold
                        
                     
                           Article 1
                        
                        
                           Subject-matter and scope: paragraph 3
                        
                     
                           Article 6
                        
                        
                           Contracting authorities: paragraphs 2 and 3
                        
                     
                           Article 9
                        
                        
                           Revision of the threshold
                        
                     
                           Section II
                        
                        
                           Exclusions
                        
                     
                           Article 15
                        
                        
                           Notification of information by contracting entities
                        
                     
                           Article 16
                        
                        
                           Exclusion of activities which are directly exposed to competition
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE II
                        
                        
                           Rules on the award of concessions: general principles and procedural guarantees
                        
                     
                            
                        
                        
                            
                        
                     
                           CHAPTER I
                        
                        
                           General principles
                        
                     
                           Article 30
                        
                        
                           General principles: paragraph 4
                        
                     
                           Article 33
                        
                        
                           Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE IV
                        
                        
                           Amendments to Directive 89/665/EEC and 92/13/EEC
                        
                     
                           Article 46
                        
                        
                           Amendments to Directive 89/665/EEC
                        
                     
                           Article 47
                        
                        
                           Amendments to Directive 92/13/EEC
                        
                     
                            
                        
                        
                            
                        
                     
                           TITLE V
                        
                        
                           Delegated powers, implementing powers and final provisions
                        
                     
                           Article 48
                        
                        
                           Exercise of the delegation
                        
                     
                           Article 49
                        
                        
                           Urgency procedure
                        
                     
                           Article 50
                        
                        
                           Committee procedure
                        
                     
                           Article 51
                        
                        
                           Transposition
                        
                     
                           Article 52
                        
                        
                           Transitional provisions
                        
                     
                           Article 53
                        
                        
                           Monitoring and reporting
                        
                     
                           Article 54
                        
                        
                           Entry into force
                        
                     
                           Article 55
                        
                        
                           Addressees
                        
                     
            
               ANNEX XXIX-N
               
                  Basic elements of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts 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 No 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts and by Directive 2014/23/EU
               
               (Phase 2)
               
                           Article 1
                        
                        
                           Scope and availability of review procedures
                        
                     
                           Article 2
                        
                        
                           Requirements for review procedures
                        
                     
                           Article 2a
                        
                        
                           Standstill period
                        
                     
                           Article 2b
                        
                        
                           Derogations from the standstill period: point (b) of the first paragraph
                        
                     
                           Article 2c
                        
                        
                           Time limits for applying for review
                        
                     
                           Article 2d
                        
                        
                           Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3
                        
                     
                           Article 2e
                        
                        
                           Infringements of this Directive and alternative penalties
                        
                     
                           Article 2f
                        
                        
                           Time limits
                        
                     
            
               ANNEX XXIX-O
               
                  Other elements of Directive 89/665/EEC
               
               (Phase 2)
               
                           Article 2b
                        
                        
                           Derogations from the standstill period: point (c) of the first paragraph
                        
                     
                           Article 2d
                        
                        
                           Ineffectiveness: point (c) of the first paragraph, paragraph 5
                        
                     
            
               ANNEX XXIX-P
               
                  Provisions of Directive 89/665/EEC outside the scope of approximation
               
               The elements listed in this Annex are not subject to the process of approximation.
               
                           Article 2b
                        
                        
                           Derogations from the standstill period: point (a) of the first paragraph
                        
                     
                           Article 2d
                        
                        
                           Ineffectiveness: point (a) of the first paragraph, paragraph 4
                        
                     
                           Article 3
                        
                        
                           Corrective mechanism
                        
                     
                           Article 3a
                        
                        
                           Content of the notice for voluntary ex ante transparency
                        
                     
                           Article 3b
                        
                        
                           Committee procedure
                        
                     
                           Article 4
                        
                        
                           Implementation
                        
                     
                           Article 4a
                        
                        
                           Review
                        
                     
            
               ANNEX XXIX-Q
               
                  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 as amended by Directive 2007/66/EC and Directive 2014/23/EU
               
               (Phase 2)
               
                           Article 1
                        
                        
                           Scope and availability of review procedures
                        
                     
                           Article 2
                        
                        
                           Requirements for review procedures
                        
                     
                           Article 2a
                        
                        
                           Standstill period
                        
                     
                           Article 2b
                        
                        
                           Derogations from the standstill period: point (b) of the first paragraph
                        
                     
                           Article 2c
                        
                        
                           Time limits for applying for review
                        
                     
                           Article 2d
                        
                        
                           Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3
                        
                     
                           Article 2e
                        
                        
                           Infringements of this Directive and alternative penalties
                        
                     
                           Article 2f
                        
                        
                           Time limits
                        
                     
            
               ANNEX XXIX-R
               
                  Other elements of Directive 92/13/EEC
               
               (Phase 4)
               
                           Article 2b
                        
                        
                           Derogations from the standstill period: point (c) of the first paragraph, paragraph 5
                        
                     
            
               ANNEX XXIX-S
               
                  Provisions of Directive 92/13/EEC outside the scope of approximation
               
               The elements listed in this Annex are not subject to the process of approximation.
               
                           Article 2b
                        
                        
                           Derogations from the standstill period: point (a) of the first paragraph
                        
                     
                           Article 2d
                        
                        
                           Ineffectiveness: point (a) of the first paragraph, paragraph 4
                        
                     
                           Article 3a
                        
                        
                           Content of the notice for voluntary ex ante transparency
                        
                     
                           Article 3b
                        
                        
                           Committee procedure
                        
                     
                           Article 8
                        
                        
                           Corrective mechanism
                        
                     
                           Article 12
                        
                        
                           Implementation
                        
                     
                           Article 12a
                        
                        
                           Review
                        
                     
            
               ANNEX XXIX-T
               
                  The Republic of Moldova: indicative list of issues for cooperation
               
               
                           1.
                        
                        
                           Training, in the Union and the Republic of Moldova, of officials of the Republic of Moldova from government bodies engaged in public procurement.
                        
                     
                           2.
                        
                        
                           Training of suppliers interested in participating in public procurement.
                        
                     
                           3.
                        
                        
                           Exchange of information and experience on best practice and regulatory rules in the field 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 Union in application of modern electronic technologies in the field 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 (see Article 270 of this Agreement).
                        
                     
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