CELEX: 22018D0972
Language: en
Date: 2018-05-14 00:00:00
Title: Decision No 1/2018 of the EU-Ukraine Association Committee in Trade Configuration of 14 May 2018 updating Annex XXI to Chapter 8 on Public Procurement of Title IV — Trade and Trade-Related Matters of the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement [2018/972]

11.7.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 175/1
            
         DECISION No 1/2018 OF THE EU-UKRAINE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
   of 14 May 2018
   updating Annex XXI to Chapter 8 on Public Procurement of Title IV — Trade and Trade-Related Matters of the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement [2018/972]
   THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
   Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), and in particular Article 149, Article 153 and Article 463 thereof,
   Whereas:
   
               (1)
            
            
               In accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016.
            
         
               (2)
            
            
               Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade Configuration, as set out in Article 465(4) of the Agreement.
            
         
               (3)
            
            
               Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement.
            
         
               (4)
            
            
               Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:
               
                           (a)
                        
                        
                           Directive 2014/23/EU of the European Parliament and of the Council (2);
                        
                     
                           (b)
                        
                        
                           Directive 2014/24/EU of the European Parliament and of the Council (3);
                        
                     
                           (c)
                        
                        
                           Directive 2014/25/EU of the European Parliament and of the Council (4).
                        
                     
         
               (5)
            
            
               The abovementioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170 (5), (EU) 2015/2171 (6) and (EU) 2015/2172 (7), respectively.
            
         
               (6)
            
            
               Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.
            
         
               (7)
            
            
               It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement.
            
         
               (8)
            
            
               The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis.
            
         
               (9)
            
            
               Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade Configuration any of its powers, including the power to take binding decisions.
            
         
               (10)
            
            
               The EU-Ukraine Association Council empowered the Association Committee in Trade Configuration in its Decision No 3/2014 (8) of 15 December 2014 to update or amend certain trade-related annexes.
            
         
               (11)
            
            
               Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade Configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis.
            
         
               (12)
            
            
               Article 152(3) specifies that a favourable opinion by the Association Committee in Trade Configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union acquis.
            
         
               (13)
            
            
               It is therefore appropriate for the Association Committee in Trade Configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   Annex XXI to Chapter 8 on Public Procurement to the Title IV on Trade and Trade-Related Matters of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex, which is attached to this Decision.
   Article 2
   A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the Government of Ukraine on 24 February 2016.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   
      Done at Brussels, 14 May 2018.
      
         
            For the Association Committee in Trade Configuration
         
         
            The Chair
         
         Nataliya MYKOLSKA
         
            The Secretaries
         
         
            For Ukraine
         
         Oleksiy ROZHKOV
         
            For the EU
         
         Christian Frigaard RASMUSSEN
      
   
   
      (1)  OJ L 161, 29.5.2014, p. 3.
   
      (2)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
   
      (3)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
   
      (4)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
   
      (5)  Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 5).
   
      (6)  Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 7).
   
      (7)  Commission Delegated Regulation (EU) 2015/2172 of 24 November 2015 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 9).
   
      (8)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (OJ L 158, 24.6.2015, p. 4).
   
      ANNEX
      ‘
            ANNEX XXI-A TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, LEGISLATIVE APPROXIMATION AND MARKET ACCESS
            
            
                        Phase
                     
                     
                         
                     
                     
                        Indicative time schedule
                     
                     
                        Market access granted to the EU by Ukraine
                     
                     
                        Market access granted to Ukraine by the EU
                     
                     
                         
                     
                  
                        1.
                     
                     
                        Implementation of Articles 150(2) and 151 of this Agreement
                        Agreement of the Reform Strategy set out in Article 152 of this Agreement
                     
                     
                        6 months after the entry into force of this Agreement
                     
                     
                        Supplies for central government authorities
                     
                     
                        Supplies for central government authorities
                     
                     
                         
                     
                  
                        2.
                     
                     
                        Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC
                     
                     
                        3 years after the entry into force of this Agreement
                     
                     
                        Supplies for state, regional and local authorities and bodies governed by public law
                     
                     
                        Supplies for state, regional and local authorities and bodies governed by public law
                     
                     
                        Annexes XXI-B and XXI-C
                     
                  
                        3.
                     
                     
                        Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC
                     
                     
                        4 years after the entry into force of this Agreement
                     
                     
                        Supplies for all contracting entities in the utilities sector
                     
                     
                        Supplies for all contracting entities
                     
                     
                        Annexes XXI-D and XXI-E
                     
                  
                        4.
                     
                     
                        Approximation and implementation of other elements of Directive 2014/24/EU. Approximation and implementation of Directive 2014/23/EU
                     
                     
                        6 years after the entry into force of this Agreement
                     
                     
                        Service and works contracts and concessions for all contracting authorities
                     
                     
                        Service and works contracts and concessions for all contracting authorities
                     
                     
                        Annexes XXI-F, XXI-G, and XXI-H
                     
                  
                        5.
                     
                     
                        Approximation and implementation of other elements of Directive 2014/25/EU
                     
                     
                        8 years after the entry into force of this Agreement
                     
                     
                        Service and works contracts for all contracting entities in the utilities sector
                     
                     
                        Service and works contracts for all contracting entities in the utilities sector
                     
                     
                        Annexes XXI-I and XXI-J
                     
                  
         
            ANNEX XXI-B TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               BASIC ELEMENTS OF DIRECTIVE 2014/24/EU
            
            
               OF 26 FEBRUARY 2014 ON PUBLIC PROCUREMENT
            
            
               (PHASE 2)
            
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Scope and definitions
               
            
            
                        
                           Section 1
                        
                     
                     
                        Subject matter and definitions
                     
                     
                  
                        Article 1
                     
                     Subject matter and scope: paragraphs 1, 2, 5 and 6
                     
                  
                        Article 2
                     
                     Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23), (24)
                     
                  
                        Article 3
                     
                     Mixed procurement
                     
                  
                        
                           Section 2
                        
                     
                     
                        Thresholds
                     
                     
                  
                        Article 4
                     
                     Threshold amounts
                     
                  
                        Article 5
                     
                     Methods for calculating the estimated value of procurement
                     
                  
                        
                           Section 3
                        
                     
                     
                        Exclusions
                     
                     
                  
                        Article 7
                     
                     Contracts in the water, energy, transport and postal services sectors
                     
                  
                        Article 8
                     
                     Specific exclusions in the field of electronic communications
                     
                  
                        Article 9
                     
                     Public contracts awarded and design contests organised pursuant to international rules
                     
                  
                        Article 10
                     
                     Specific exclusions for service contracts
                     
                  
                        Article 11
                     
                     Service contracts awarded on the basis of an exclusive right
                     
                  
                        Article 12
                     
                     Public contracts between entities within the public sector
                     
                  
                        
                           Section 4
                        
                     
                     
                        Specific situations
                     
                     
                  
                        Subsection 1
                     
                     Subsidised contracts and research and development services
                     
                  
                        Article 13
                     
                     Contracts subsidised by contracting authorities
                     
                  
                        Article 14
                     
                     Research and development services
                     
                  
                        Subsection 2
                     
                     Procurement involving defence and security aspects
                     
                  
                        Article 15
                     
                     Defence and security
                     
                  
                        Article 16
                     
                     Mixed procurement involving defence or security aspects
                     
                  
                        Article 17
                     
                     Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
                     
                  
               CHAPTER II
            
            
               
                  General Rules
               
            
            
                        Article 18
                     
                     Principles of procurement
                     
                  
                        Article 19
                     
                     Economic operators
                     
                  
                        Article 21
                     
                     Confidentiality
                     
                  
                        Article 22
                     
                     Rules applicable to communication: paragraphs 2-6
                     
                  
                        Article 23
                     
                     Nomenclatures
                     
                  
                        Article 24
                     
                     Conflicts of interest
                     
                  TITLE II
            
               Rules on public contracts
            
            
               CHAPTER I
            
            
               
                  Procedures
               
            
            
                        Article 26
                     
                     Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6
                     
                  
                        Article 27
                     
                     Open procedure
                     
                  
                        Article 28
                     
                     Restricted procedure
                     
                  
                        Article 29
                     
                     Competitive procedure with negotiation
                     
                  
                        Article 32
                     
                     Use of the negotiated procedure without prior publication
                     
                  
               CHAPTER III
            
            
               
                  Conduct of the procedure
               
            
            
                        
                           Section 1
                        
                     
                     
                        Preparation
                     
                     
                  
                        Article 40
                     
                     Preliminary market consultations
                     
                  
                        Article 41
                     
                     Prior involvement of candidates or tenderers
                     
                  
                        Article 42
                     
                     Technical specifications
                     
                  
                        Article 43
                     
                     Labels
                     
                  
                        Article 44
                     
                     Test reports, certification and other means of proof: paragraphs 1, 2
                     
                  
                        Article 45
                     
                     Variants
                     
                  
                        Article 46
                     
                     Division of contracts into lots
                     
                  
                        Article 47
                     
                     Setting time limits
                     
                  
                        
                           Section 2
                        
                     
                     
                        Publication and transparency
                     
                     
                  
                        Article 48
                     
                     Prior information notices
                     
                  
                        Article 49
                     
                     Contract notices
                     
                  
                        Article 50
                     
                     Contract award notices: paragraphs 1 and 4
                     
                  
                        Article 51
                     
                     Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5
                     
                  
                        Article 53
                     
                     Electronic availability of procurement documents
                     
                  
                        Article 54
                     
                     Invitations to candidates
                     
                  
                        Article 55
                     
                     Informing candidates and tenderers
                     
                  
                        
                           Section 3
                        
                     
                     
                        Choice of participants and award of contracts
                     
                     
                  
                        Article 56
                     
                     General principles
                     
                  
                        Subsection 1
                     
                     Criteria for qualitative selection
                     
                  
                        Article 57
                     
                     Exclusion grounds
                     
                  
                        Article 58
                     
                     Selection criteria
                     
                  
                        Article 59
                     
                     European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4
                     
                  
                        Article 60
                     
                     Means of proof
                     
                  
                        Article 62
                     
                     Quality assurance standards and environmental management standards: paragraphs 1 and 2
                     
                  
                        Article 63
                     
                     Reliance on the capacities of other entities
                     
                  
                        Subsection 2
                     
                     Reduction of numbers of candidates, tenders and solutions
                     
                  
                        Article 65
                     
                     Reduction of the number of otherwise qualified candidates to be invited to participate
                     
                  
                        Article 66
                     
                     Reduction of the number of tenders and solutions
                     
                  
                        Subsection 3
                     
                     Award of the contract
                     
                  
                        Article 67
                     
                     Contract award criteria
                     
                  
                        Article 68
                     
                     Life-cycle costing: paragraphs 1 and 2
                     
                  
                        Article 69
                     
                     Abnormally low tenders: paragraphs 1 to 4
                     
                  
               CHAPTER IV
            
            
               
                  Contract performance
               
            
            
                        Article 70
                     
                     Conditions for performance of contracts
                     
                  
                        Article 71
                     
                     Subcontracting
                     
                  
                        Article 72
                     
                     Modification of contracts during their term
                     
                  
                        Article 73
                     
                     Termination of contracts
                     
                  TITLE III
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               
                  Social and other specific services
               
            
            
                        Article 74
                     
                     Award of contracts for social and other specific services
                     
                  
                        Article 75
                     
                     Publication of notices
                     
                  
                        Article 76
                     
                     Principles of awarding contracts
                     
                  
               ANNEXES
            
            
                        ANNEX II
                     
                     LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)
                     
                  
                        ANNEX III
                     
                     LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE
                     
                  
                        ANNEX IV
                     
                     REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
                     
                  
                        ANNEX V
                     
                     INFORMATION TO BE INCLUDED IN NOTICES
                     
                  
                        Part A:
                     
                     INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE
                     
                  
                        Part B:
                     
                     INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48)
                     
                  
                        Part C:
                     
                     INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49)
                     
                  
                        Part D:
                     
                     INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50)
                     
                  
                        Part G:
                     
                     INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1))
                     
                  
                        Part H:
                     
                     INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))
                     
                  
                        Part I:
                     
                     INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))
                     
                  
                        Part J:
                     
                     INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2))
                     
                  
                        ANNEX VII
                     
                     DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
                     
                  
                        ANNEX IX
                     
                     CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54
                     
                  
                        ANNEX X
                     
                     LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)
                     
                  
                        ANNEX XII
                     
                     MEANS OF PROOF OF SELECTION CRITERIA
                     
                  
                        ANNEX XIV
                     
                     SERVICES REFFERED TO IN ARTICLE 74
                     
                  
         
            ANNEX XXI-C TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               BASIC ELEMENTS OF DIRECTIVE 89/665/EEC
            
            
               OF 21 DECEMBER 1989 ON THE COORDINATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE APPLICATION OF REVIEW PROCEDURES TO THE AWARD OF PUBLIC SUPPLY AND PUBLIC WORKS CONTRACTS (DIRECTIVE 89/665/EEC)
            
            
               AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 11 DECEMBER 2007 AMENDING COUNCIL DIRECTIVES 89/665/EEC AND 92/13/EEC WITH REGARD TO IMPROVING THE EFFECTIVENESS OF REVIEW PROCEDURES CONCERNING THE AWARD OF PUBLIC CONTRACTS (DIRECTIVE 2007/66/EC) AND BY DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 26 FEBRUARY 2014 ON THE AWARD OF CONCESSION CONTRACTS (DIRECTIVE 2014/23/EU)
            
            
               (PHASE 2)
            
            
                        Article 1
                     
                     Scope and availability of review procedures
                     
                  
                        Article 2
                     
                     Requirements for review procedures
                     
                  
                        Article 2a
                     
                     Standstill period
                     
                  
                        Article 2b
                     
                     Derogations from the standstill period
                     
                  Point (b) of the first paragraph of Article 2b
            
                        Article 2c
                     
                     Time limits for applying for review
                     
                  
                        Article 2d
                     
                     Ineffectiveness
                     
                  Paragraph 1(b)
            Paragraphs 2 and 3
            
                        Article 2e
                     
                     Infringements of this Directive and alternative penalties
                     
                  
                        Article 2f
                     
                     Time limits
                     
                  
         
            ANNEX XXI-D TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               BASIC ELEMENTS OF DIRECTIVE 2014/25/EU
            
            
               OF 26 FEBRUARY 2014 ON PROCUREMENT BY ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND POSTAL SERVICES SECTORS
            
            
               (PHASE 3)
            
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Subject matter and definitions
               
            
            
                        Article 1
                     
                     Subject matter and scope: paragraphs 1, 2, 5 and 6
                     
                  
                        Article 2
                     
                     Definitions: points 1 to 9, 13 to 16 and 18 to 20
                     
                  
                        Article 3
                     
                     Contracting authorities (paragraphs 1 and 4)
                     
                  
                        Article 4
                     
                     Contracting entities: paragraphs 1 to 3
                     
                  
                        Article 5
                     
                     Mixed procurement covering the same activity
                     
                  
                        Article 6
                     
                     Procurement covering several activities
                     
                  
               CHAPTER II
            
            
               
                  Activities
               
            
            
                        Article 7
                     
                     Common provisions
                     
                  
                        Article 8
                     
                     Gas and heat
                     
                  
                        Article 9
                     
                     Electricity
                     
                  
                        Article 10
                     
                     Water
                     
                  
                        Article 11
                     
                     Transport services
                     
                  
                        Article 12
                     
                     Ports and airports
                     
                  
                        Article 13
                     
                     Postal services
                     
                  
                        Article 14
                     
                     Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
                     
                  
               CHAPTER III
            
            
               
                  Material scope
               
            
            
                        
                           Section 1
                        
                     
                     
                        Thresholds
                     
                     
                  
                        Article 15
                     
                     Threshold amounts
                     
                  
                        Article 16
                     
                     Methods for calculating the estimated value of procurement: paragraphs 1 to 4 and 7 to 14
                     
                  
                        
                           Section 2
                        
                     
                     
                        Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects
                     
                     
                  
                        Subsection 1
                     
                     Exclusions applicable to all contracting entities and special exclusions for the water and energy sector
                     
                  
                        Article 18
                     
                     Contracts awarded for purposes of resale or lease to third parties: paragraph 1
                     
                  
                        Article 19
                     
                     Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1
                     
                  
                        Article 20
                     
                     Contracts awarded and design contests organised pursuant to international rules
                     
                  
                        Article 21
                     
                     Specific exclusions for service contracts
                     
                  
                        Article 22
                     
                     Service contracts awarded on the basis of an exclusive right
                     
                  
                        Article 23
                     
                     Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
                     
                  
                        Subsection 2
                     
                     Procurement involving defence and security aspects
                     
                  
                        Article 24
                     
                     Defence and security
                     
                  
                        Article 25
                     
                     Mixed procurement covering the same activity and involving defence or security aspects
                     
                  
                        Article 26
                     
                     Procurement covering several activities and involving defence or security aspects
                     
                  
                        Article 27
                     
                     Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
                     
                  
                        Subsection 3
                     
                     Special relations (cooperation, affiliated undertakings and joint ventures)
                     
                  
                        Article 28
                     
                     Contracts between contracting authorities
                     
                  
                        Article 29
                     
                     Contracts awarded to an affiliated undertaking
                     
                  
                        Article 30
                     
                     Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
                     
                  
                        Subsection 4
                     
                     Specific situations
                     
                  
                        Article 32
                     
                     Research and development services
                     
                  
               CHAPTER IV
            
            
               
                  General principles
               
            
            
                        Article 36
                     
                     Principles of procurement
                     
                  
                        Article 37
                     
                     Economic operators
                     
                  
                        Article 39
                     
                     Confidentiality
                     
                  
                        Article 40
                     
                     Rules applicable to communication
                     
                  
                        Article 41
                     
                     Nomenclatures
                     
                  
                        Article 42
                     
                     Conflicts of interest
                     
                  TITLE II
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               
                  Procedures
               
            
            
                        Article 44
                     
                     Choice of procedures: paragraphs 1, 2 and 4
                     
                  
                        Article 45
                     
                     Open procedure
                     
                  
                        Article 46
                     
                     Restricted procedure
                     
                  
                        Article 47
                     
                     Negotiated procedure with prior call for competition
                     
                  
                        Article 50
                     
                     Use of the negotiated procedure without prior call for competition: points (a) to (i)
                     
                  
               CHAPTER III
            
            
               
                  Conduct of the procedure
               
            
            
                        
                           Section 1
                        
                     
                     
                        Preparation
                     
                     
                  
                        Article 58
                     
                     Preliminary market consultations
                     
                  
                        Article 59
                     
                     Prior involvement of candidates or tenderers
                     
                  
                        Article 60
                     
                     Technical specifications
                     
                  
                        Article 61
                     
                     Labels
                     
                  
                        Article 62
                     
                     Test reports, certification and other means of proof
                     
                  
                        Article 63
                     
                     Communication of technical specifications
                     
                  
                        Article 64
                     
                     Variants
                     
                  
                        Article 65
                     
                     Division of contracts into lots
                     
                  
                        Article 66
                     
                     Setting time limits
                     
                  
                        
                           Section 2
                        
                     
                     
                        Publication and transparency
                     
                     
                  
                        Article 67
                     
                     Periodic indicative notices
                     
                  
                        Article 68
                     
                     Notices on the existence of a qualification system
                     
                  
                        Article 69
                     
                     Contract notices
                     
                  
                        Article 70
                     
                     Contract award notices: paragraphs 1, 3 and 4
                     
                  
                        Article 71
                     
                     Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5
                     
                  
                        Article 73
                     
                     Electronic availability of procurement documents
                     
                  
                        Article 74
                     
                     Invitations to candidates
                     
                  
                        Article 75
                     
                     Informing applicants for qualification, candidates and tenderers
                     
                  
                        
                           Section 3
                        
                     
                     
                        Choice of participants and award of contract
                     
                     
                  
                        Article 76
                     
                     General principles
                     
                  
                        Subsection 1
                     
                     Qualification and qualitative selection
                     
                  
                        Article 78
                     
                     Criteria for qualitative selection
                     
                  
                        Article 79
                     
                     Reliance on the capacities of other entities: paragraph 2
                     
                  
                        Article 80
                     
                     Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
                     
                  
                        Article 81
                     
                     Quality assurance standards and environmental management standards: paragraphs 1 and 2
                     
                  
                        Subsection 2
                     
                     Award of the contract
                     
                  
                        Article 82
                     
                     Contract award criteria
                     
                  
                        Article 83
                     
                     Life-cycle costing: paragraphs 1 and 2
                     
                  
                        Article 84
                     
                     Abnormally low tenders: paragraphs 1 to 4
                     
                  
               CHAPTER IV
            
            
               
                  Contract performance
               
            
            
                        Article 87
                     
                     Conditions for performance of contracts
                     
                  
                        Article 88
                     
                     Subcontracting
                     
                  
                        Article 89
                     
                     Modification of contracts during their term
                     
                  
                        Article 90
                     
                     Termination of contracts
                     
                  TITLE III
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               
                  Social and other specific services
               
            
            
                        Article 91
                     
                     Award of contracts for social and other specific services
                     
                  
                        Article 92
                     
                     Publication of notices
                     
                  
                        Article 93
                     
                     Principles of awarding contracts
                     
                  
               ANNEXES
            
            
                        ANNEX I
                     
                     List of activities as set out in point (a) of point 2 of Article 2
                     
                  
                        ANNEX V
                     
                     Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests
                     
                  
                        ANNEX VI A
                     
                     Information to be included in the periodic indicative notice (as referred to in Article 67)
                     
                  
                        ANNEX VI B
                     
                     Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))
                     
                  
                        ANNEX VIII
                     
                     Definition of certain technical specifications
                     
                  
                        ANNEX IX
                     
                     Features concerning publication
                     
                  
                        ANNEX X
                     
                     Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)
                     
                  
                        ANNEX XI
                     
                     Information to be included in contract notices (as referred to in Article 69)
                     
                  
                        ANNEX XII
                     
                     Information to be included in the contract award notice (as referred to in Article 70)
                     
                  
                        ANNEX XIII
                     
                     Contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74
                     
                  
                        ANNEX XIV
                     
                     List of International Social and Environmental Conventions referred to in Article 36(2)
                     
                  
                        ANNEX XVI
                     
                     Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))
                     
                  
                        ANNEX XVII
                     
                     Services referred to in Article 91
                     
                  
                        ANNEX XVIII
                     
                     Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)
                     
                  
         
            ANNEX XXI-E TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
            
            
               OF 25 FEBRUARY 1992 COORDINATING THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS RELATING TO THE APPLICATION OF COMMUNITY RULES ON THE PROCUREMENT PROCEDURES OF ENTITIES OPERATING IN THE WATER, ENERGY, TRANSPORT AND TELECOMMUNICATIONS SECTORS (DIRECTIVE 92/13/EEC)
            
            
               AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU
            
            
               (PHASE 3)
            
            
                        Article 1
                     
                     Scope and availability of review procedures
                     
                  
                        Article 2
                     
                     Requirements for review procedures
                     
                  
                        Article 2a
                     
                     Standstill period
                     
                  
                        Article 2b
                     
                     Derogations from the standstill period
                     
                  Point (b) of the first paragraph of Article 2b
            
                        Article 2c
                     
                     Time limits for applying for review
                     
                  
                        Article 2d
                     
                     Ineffectiveness
                     
                  Paragraphs 1(b), 2 and 3
            
                        Article 2e
                     
                     Infringements of this Directive and alternative penalties
                     
                  
                        Article 2f
                     
                     Time limits
                     
                  
         
            ANNEX XXI-F TO CHAPTER 8 ON PUBLIC PROCUREMENTI.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU
            
               (PHASE 4)
            
            The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Scope and definitions
               
            
            
                        
                           Section 1
                        
                     
                     
                        Subject matter and definitions
                     
                     
                  
                        Article 2
                     
                     Definitions (paragraph 1, points (14) and (16))
                     
                  
                        Article 20
                     
                     Reserved contracts
                     
                  TITLE II
            
               Rules on public contracts
            
            
               CHAPTER II
            
            
               
                  Techniques and instruments for electronic and aggregated procurement
               
            
            
                        Article 37
                     
                     Centralised purchasing activities and central purchasing bodies
                     
                  
               CHAPTER III
            
            
               
                  Conduct of the procedure
               
            
            
                        
                           Section 3
                        
                     
                     
                        Choice of participants and award of contracts
                     
                     
                  
                        Article 64
                     
                     Official lists of approved economic operators and certification by bodies established under public or private law
                     
                  TITLE III
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
                        Article 77
                     
                     Reserved contracts for certain services
                     
                  II.   NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU
            
               (PHASE 4)
            
            The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
            TITLE I
            
               Subject matter, scope, principles and definitions
            
            
               CHAPTER I
            
            
               
                  Scope, general principles and definitions
               
            
            
                        
                           Section IV
                        
                     
                     
                        Specific situations
                     
                     
                  
                        Article 24
                     
                     Reserved Concessions
                     
                  
         
            ANNEX XXI-G TO CHAPTER 8 ON PUBLIC PROCUREMENTI.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU
            
               (PHASE 4)
            
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Scope and definitions
               
            
            
                        
                           Section 1
                        
                     
                     
                        Subject matter and definitions
                     
                     
                  
                        Article 2
                     
                     Definitions (paragraph 1, point (21))
                     
                  
                        Article 22
                     
                     Rules applicable to communication: paragraph 1
                     
                  TITLE II
            
               Rules on public contracts
            
            
               CHAPTER I
            
            
               
                  Procedures
               
            
            
                        Article 26
                     
                     Choice of procedures: paragraph 3, second alternative of paragraph 4
                     
                  
                        Article 30
                     
                     Competitive dialogue
                     
                  
                        Article 31
                     
                     Innovation Partnership
                     
                  
               CHAPTER II
            
            
               
                  Techniques and instruments for electronic and aggregated procurement
               
            
            
                        Article 33
                     
                     Framework agreements
                     
                  
                        Article 34
                     
                     Dynamic purchasing systems
                     
                  
                        Article 35
                     
                     Electronic auctions
                     
                  
                        Article 36
                     
                     Electronic catalogues
                     
                  
                        Article 38
                     
                     Occasional joint procurement
                     
                  
               CHAPTER III
            
            
               
                  Conduct of the procedure
               
            
            
                        
                           Section 2
                        
                     
                     
                        Publication and Transparency
                     
                     
                  
                        Article 50
                     
                     Contract award notices: paragraphs 2 and 3
                     
                  TITLE III
            
               Particular procurement regimes
            
            
               CHAPTER II
            
            
               
                  Rules governing design contests
               
            
            
                        Article 78
                     
                     Scope
                     
                  
                        Article 79
                     
                     Notices
                     
                  
                        Article 80
                     
                     Rules on the organisation of design contests and the selection of participants
                     
                  
                        Article 81
                     
                     Composition of the jury
                     
                  
                        Article 82
                     
                     Decisions of the jury
                     
                  
               ANNEXES
            
            
                        ANNEX V
                     
                     INFORMATION TO BE INCLUDED IN NOTICES
                     
                  
                        Part E:
                     
                     INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1))
                     
                  
                        Part F:
                     
                     INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2))
                     
                  
                        ANNEX VI
                     
                     INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4))
                     
                  II.   MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU
            
               (PHASE 4)
            
            TITLE I
            
               Subject matter, scope, principles and definitions
            
            
               CHAPTER I
            
            
               
                  Scope, general principles and definitions
               
            
            
                        
                           Section I
                        
                     
                     
                        Subject matter, scope, general principles, definitions and threshold
                     
                     
                  
                        Article 1
                     
                     Subject matter and scope: paragraphs 1, 2 and 4
                     
                  
                        Article 2
                     
                     Principle of free administration by public authorities
                     
                  
                        Article 3
                     
                     Principle of equal treatment, non-discrimination and transparency
                     
                  
                        Article 4
                     
                     Freedom to define services of general economic interest
                     
                  
                        Article 5
                     
                     Definitions
                     
                  
                        Article 6
                     
                     Contracting authorities: paragraphs 1 and 4
                     
                  
                        Article 7
                     
                     Contracting entities
                     
                  
                        Article 8
                     
                     Threshold and methods for calculating the estimated value of concessions
                     
                  
                        
                           Section II
                        
                     
                     
                        Exclusions
                     
                     
                  
                        Article 10
                     
                     Exclusions applicable to concessions awarded by contracting authorities and contracting entities
                     
                  
                        Article 11
                     
                     Specific exclusions in the field of electronic communications
                     
                  
                        Article 12
                     
                     Specific exclusions in the field of water
                     
                  
                        Article 13
                     
                     Concessions awarded to an affiliated undertaking
                     
                  
                        Article 14
                     
                     Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
                     
                  
                        Article 17
                     
                     Concessions between entities within the public sector
                     
                  
                        
                           Section III
                        
                     
                     
                        General provisions
                     
                     
                  
                        Article 18
                     
                     Duration of the concession
                     
                  
                        Article 19
                     
                     Social and other specific services
                     
                  
                        Article 20
                     
                     Mixed contracts
                     
                  
                        Article 21
                     
                     Mixed procurement contracts involving defence or security aspects
                     
                  
                        Article 22
                     
                     Contracts covering both activities referred to in Annex II and other activities
                     
                  
                        Article 23
                     
                     Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
                     
                  
                        Article 25
                     
                     Research and development services
                     
                  
               CHAPTER II
            
            
               
                  Principles
               
            
            
                        Article 26
                     
                     Economic operators
                     
                  
                        Article 27
                     
                     Nomenclatures
                     
                  
                        Article 28
                     
                     Confidentiality
                     
                  
                        Article 29
                     
                     Rules applicable to communication
                     
                  TITLE II
            
               Rules on the award of concessions: General principles and procedural guarantees
            
            
               CHAPTER I
            
            
               
                  General principles
               
            
            
                        Article 30
                     
                     General principles: paragraphs 1, 2 and 3
                     
                  
                        Article 31
                     
                     Concession notices
                     
                  
                        Article 32
                     
                     Concession award notices
                     
                  
                        Article 33
                     
                     Form and manner of publication of notices: first subparagraph of paragraph 1
                     
                  
                        Article 34
                     
                     Electronic availability of concession documents
                     
                  
                        Article 35
                     
                     Combating corruption and preventing conflicts of interest
                     
                  
               CHAPTER II
            
            
               
                  Procedural guarantees
               
            
            
                        Article 36
                     
                     Technical and functional requirements
                     
                  
                        Article 37
                     
                     Procedural guarantees
                     
                  
                        Article 38
                     
                     Selection of and qualitative assessment of candidates
                     
                  
                        Article 39
                     
                     Time limits for receipt of applications and tenders for the concession
                     
                  
                        Article 40
                     
                     Provision of information to candidates and tenderers
                     
                  
                        Article 41
                     
                     Award criteria
                     
                  TITLE III
            
               Rules on performance of concessions
            
            
                        Article 42
                     
                     Subcontracting
                     
                  
                        Article 43
                     
                     Modification of contracts during their term
                     
                  
                        Article 44
                     
                     Termination of concessions
                     
                  
                        Article 45
                     
                     Monitoring and Reporting
                     
                  
               ANNEXES
            
            
                        ANNEX I
                     
                     LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5
                     
                  
                        ANNEX II
                     
                     ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7
                     
                  
                        ANNEX III
                     
                     LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)
                     
                  
                        ANNEX IV
                     
                     SERVICES REFERRED TO IN ARTICLE 19
                     
                  
                        ANNEX V
                     
                     INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31
                     
                  
                        ANNEX VI
                     
                     INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)
                     
                  
                        ANNEX VII
                     
                     INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32
                     
                  
                        ANNEX VIII
                     
                     INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32
                     
                  
                        ANNEX IX
                     
                     FEATURES CONCERNING PUBLICATION
                     
                  
                        ANNEX X
                     
                     LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)
                     
                  
                        ANNEX XI
                     
                     INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43
                     
                  
         
            ANNEX XXI-H TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               OTHER ELEMENTS OF DIRECTIVE 89/665/EEC
            
            
               AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU
            
            
               (PHASE 4)
            
            
                        Article 2b
                     
                     Derogations from the standstill period
                     
                  Point (c) of the first paragraph of Article 2b
            
                        Article 2d
                     
                     Ineffectiveness
                     
                  Point (c) of the first paragraph of Article 2d
            Paragraph 5
         
         
            ANNEX XXI-I TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               (PHASE 5)
            
            I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
            
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Subject matter and definitions
               
            
            
                        Article 2
                     
                     Definitions: point 17
                     
                  
               CHAPTER III
            
            
               
                  Material scope
               
            
            
                        
                           Section 1
                        
                     
                     
                        Thresholds
                     
                     
                  
                        Article 16
                     
                     Methods for calculating the estimated value of procurement: paragraphs 5, 6
                     
                  TITLE II
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               
                  Procedures
               
            
            
                        Article 44
                     
                     Choice of procedures: paragraph 3
                     
                  
                        Article 48
                     
                     Competitive dialogue
                     
                  
                        Article 49
                     
                     Innovation Partnership
                     
                  
                        Article 50
                     
                     Use of the negotiated procedure without prior call for competition: point (j)
                     
                  
               CHAPTER II
            
            
               
                  Techniques and instruments for electronic and aggregated procurement
               
            
            
                        Article 51
                     
                     Framework agreements
                     
                  
                        Article 52
                     
                     Dynamic purchasing systems
                     
                  
                        Article 53
                     
                     Electronic auctions
                     
                  
                        Article 54
                     
                     Electronic catalogues
                     
                  
                        Article 56
                     
                     Occasional joint procurement
                     
                  
               CHAPTER III
            
            
               
                  Conduct of the procedure
               
            
            
                        
                           Section 2
                        
                     
                     
                        Publication and transparency
                     
                     
                  
                        Article 70
                     
                     Contract award notices: paragraph 2
                     
                  
                        
                           Section 3
                        
                     
                     
                        Choice of participants and award of contract
                     
                     
                  
                        Subsection 1
                     
                     Qualification and qualitative selection
                     
                  
                        Article 77
                     
                     Qualification systems
                     
                  
                        Article 79
                     
                     Reliance on the capacities of other entities: paragraph 1
                     
                  TITLE III
            
               Particular procurement regimes
            
            
               CHAPTER II
            
            
               
                  Rules governing design contests
               
            
            
                        Article 95
                     
                     Scope
                     
                  
                        Article 96
                     
                     Notices
                     
                  
                        Article 97
                     
                     Rules on the organisation of design contests, the selection of participants and the jury
                     
                  
                        Article 98
                     
                     Decision of the jury
                     
                  
               ANNEXES
            
            
                        ANNEX VII
                     
                     Information to be included in the procurement documents relating to electronic auctions (Article 53(4))
                     
                  
                        ANNEX XIX
                     
                     Information to be included in the design contest notice (as referred to in Article 96(1))
                     
                  
                        ANNEX XX
                     
                     Information to be included in the results of design contest notices (as referred to in Article 96(1))
                     
                  II.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
            
            The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B.
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Subject matter and definitions
               
            
            
                        Article 2
                     
                     Definitions: points 10 to 12
                     
                  
               CHAPTER IV
            
            
               
                  General principles
               
            
            
                        Article 38
                     
                     Reserved contracts
                     
                  TITLE II
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               
                  Procedures
               
            
            
                        Article 55
                     
                     Centralised purchasing activities and central purchasing bodies
                     
                  TITLE III
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               
                  Social and other specific services
               
            
            
                        Article 94
                     
                     Reserved contracts for certain services
                     
                  
         
            ANNEX XXI-J TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               OTHER ELEMENTS OF DIRECTIVE 92/13/EEC
            
            
               AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU
            
            
               (PHASE 5)
            
            
                        Article 2b
                     
                     Derogations from the standstill period
                     
                  Point (c) of the first paragraph of Article 2b
            
                        Article 2d
                     
                     Ineffectiveness
                     
                  Point (c) of paragraph 1 of Article 2d,
            Paragraph 5
         
         
            ANNEX XXI-K TO CHAPTER 8 ON PUBLIC PROCUREMENT
            I.   PROVISIONS OF DIRECTIVE 2014/24/EU OUTSIDE THE SCOPE OF APPROXIMATION
            
            The elements of Directive 2014/24/EU listed in this Annex are not subject to the process of approximation.
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Scope and definitions
               
            
            
                        
                           Section 1
                        
                     
                     
                        Subject matter and definitions
                     
                     
                  
                        Article 1
                     
                     Subject matter and scope: paragraphs 3 and 4
                     
                  
                        Article 2
                     
                     Definitions: paragraph 2
                     
                  
                        
                           Section 2
                        
                     
                     
                        Thresholds
                     
                     
                  
                        Article 6
                     
                     Revision of the thresholds and of the list of central government authorities
                     
                  TITLE II
            
               Rules on public contracts
            
            
               CHAPTER I
            
            
               
                  Procedures
               
            
            
                        Article 25
                     
                     Conditions relating to the GPA and other international agreements
                     
                  
               CHAPTER II
            
            
               
                  Techniques and instruments for electronic and aggregated procurement
               
            
            
                        Article 39
                     
                     Procurement involving contracting authorities from different Member States
                     
                  
               CHAPTER III
            
            
               
                  Conduct of the procedure
               
            
            
                        
                           Section 1
                        
                     
                     
                        Preparation
                     
                     
                  
                        Article 44
                     
                     Test reports, certification and other means of proof: paragraph 3
                     
                  
                        
                           Section 2
                        
                     
                     
                        Publication and transparency
                     
                     
                  
                        Article 51
                     
                     Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
                     
                  
                        Article 52
                     
                     Publication at national level
                     
                  
                        
                           Section 3
                        
                     
                     
                        Choice of participants and award of contracts
                     
                     
                  
                        Article 61
                     
                     Online repository of certificates (e-Certis)
                     
                  
                        Article 62
                     
                     Quality assurance standards and environmental management standards: paragraph 3
                     
                  
                        Article 68
                     
                     Life-cycle costing: paragraph 3
                     
                  
                        Article 69
                     
                     Abnormally low tender: paragraph 5
                     
                  TITLE IV
            
               Governance
            
            
                        Article 83
                     
                     Enforcement
                     
                  
                        Article 84
                     
                     Individual reports on procedures for the award of contracts
                     
                  
                        Article 85
                     
                     National reporting and statistical information
                     
                  
                        Article 86
                     
                     Administrative Cooperation
                     
                  TITLE V
            
               Delegated powers, implementing powers and final provisions
            
            
                        Article 87
                     
                     Exercise of the delegation of powers
                     
                  
                        Article 88
                     
                     Urgency procedure
                     
                  
                        Article 89
                     
                     Committee procedure
                     
                  
                        Article 90
                     
                     Transposition and transitional provisions
                     
                  
                        Article 91
                     
                     Repeals
                     
                  
                        Article 92
                     
                     Review
                     
                  
                        Article 93
                     
                     Entry into force
                     
                  
                        Article 94
                     
                     Addressees
                     
                  
               ANNEXES
            
            
                        ANNEX I
                     
                     CENTRAL GOVERNMENT AUTHORITIES
                     
                  
                        ANNEX VIII
                     
                     FEATURES CONCERNING PUBLICATION
                     
                  
                        ANNEX XI
                     
                     REGISTERS
                     
                  
                        ANNEX XIII
                     
                     LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3)
                     
                  
                        ANNEX XV
                     
                     CORRELATION TABLE
                     
                  II.   PROVISIONS OF DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
            
            The elements of Directive 2014/23/EU listed in this Annex are not subject to the process of approximation.
            TITLE I
            
               Subject matter, scope, principles and definitions
            
            
               CHAPTER I
            
            
               
                  Scope, general principles and definitions
               
            
            
                        
                           Section I
                        
                     
                     
                        Subject matter, scope, general principles, definitions and threshold
                     
                     
                  
                        Article 1
                     
                     Subject matter and scope: paragraph 3
                     
                  
                        Article 6
                     
                     Contracting authorities: paragraphs 2 and 3
                     
                  
                        Article 9
                     
                     Revision of the threshold
                     
                  
                        
                           Section II
                        
                     
                     
                        Exclusions
                     
                     
                  
                        Article 15
                     
                     Notification of information by contracting entities
                     
                  
                        Article 16
                     
                     Exclusion of activities which are directly exposed to competition
                     
                  TITLE II
            
               Rules on the award of concessions: General principles and procedural guarantees
            
            
               CHAPTER I
            
            
               
                  General principles
               
            
            
                        Article 30
                     
                     General principles: paragraph 4
                     
                  
                        Article 33
                     
                     Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4
                     
                  TITLE IV
            
               Amendments to Directive 89/665/EEC and 92/13/EEC
            
            
                        Article 46
                     
                     Amendments to Directive 89/665/EEC
                     
                  
                        Article 47
                     
                     Amendments to Directive 92/13/EEC
                     
                  TITLE V
            
               Delegated powers, implementing powers and final provisions
            
            
                        Article 48
                     
                     Exercise of the delegation
                     
                  
                        Article 49
                     
                     Urgency procedure
                     
                  
                        Article 50
                     
                     Committee procedure
                     
                  
                        Article 51
                     
                     Transposition
                     
                  
                        Article 52
                     
                     Transitional provisions
                     
                  
                        Article 53
                     
                     Monitoring and reporting
                     
                  
                        Article 54
                     
                     Entry into force
                     
                  
                        Article 55
                     
                     Addressees
                     
                  
         
            ANNEX XXI-L TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               PROVISIONS OF DIRECTIVE 2014/25/EU OUTSIDE THE SCOPE OF APPROXIMATION
            
            The elements listed in this Annex are not subject to the process of approximation.
            TITLE I
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               
                  Subject matter and definitions
               
            
            
                        Article 1
                     
                     Subject matter and scope: paragraphs 3 and 4
                     
                  
                        Article 3
                     
                     Contracting authorities: paragraphs 2 and 3
                     
                  
                        Article 4
                     
                     Contracting entities: paragraph 4
                     
                  
               CHAPTER III
            
            
               
                  Material scope
               
            
            
                        
                           Section 1
                        
                     
                     
                        Thresholds
                     
                     
                  
                        Article 17
                     
                     Revision of the thresholds
                     
                  
                        
                           Section 2
                        
                     
                     
                        Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects
                     
                     
                  
                        Subsection 1
                     
                     Exclusions applicable to all contracting entities and special exclusions for the water and energy sector
                     
                  
                        Article 18
                     
                     Contracts awarded for purposes of resale or lease to third parties: paragraph 2
                     
                  
                        Article 19
                     
                     Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2
                     
                  
                        Subsection 3
                     
                     Special relations (cooperation, affiliated undertakings and joint ventures)
                     
                  
                        Article 31
                     
                     Notification of information
                     
                  
                        Subsection 4
                     
                     Specific situations
                     
                  
                        Article 33
                     
                     Contracts subject to special arrangements
                     
                  
                        Subsection 5
                     
                     Activities directly exposed to competition and procedural provisions relating thereto
                     
                  
                        Article 34
                     
                     Activities directly exposed to competition
                     
                  
                        Article 35
                     
                     Procedure for establishing whether Article 34 is applicable
                     
                  TITLE II
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               
                  Procedures
               
            
            
                        Article 43
                     
                     Conditions relating to the GPA and other international agreements
                     
                  
               CHAPTER II
            
            
               
                  Techniques and instruments for electronic and aggregated procurement
               
            
            
                        Article 57
                     
                     Procurement involving contracting entities from different Member States
                     
                  
               CHAPTER III
            
            
               
                  Conduct of the procedure
               
            
            
                        
                           Section 2
                        
                     
                     
                        Publication and transparency
                     
                     
                  
                        Article 71
                     
                     Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
                     
                  
                        Article 72
                     
                     Publication at national level
                     
                  
                        
                           Section 3
                        
                     
                     
                        Choice of participants and award of contract
                     
                     
                  
                        Article 81
                     
                     Quality assurance standards and environmental management standards: paragraph 3
                     
                  
                        Article 83
                     
                     Life-cycle costing: paragraph 3
                     
                  
                        
                           Section 4
                        
                     
                     
                        Tenders comprising products originating in third countries and relations with those countries
                     
                     
                  
                        Article 85
                     
                     Tenders comprising products originating in third countries
                     
                  
                        Article 86
                     
                     Relations with third countries as regards works, supplies and service contracts
                     
                  TITLE IV
            
               Governance
            
            
                        Article 99
                     
                     Enforcement
                     
                  
                        Article 100
                     
                     Individual reports on procedures for the award of contracts
                     
                  
                        Article 101
                     
                     National reporting and statistical information
                     
                  
                        Article 102
                     
                     Administrative cooperation
                     
                  TITLE V
            
               Delegated powers, implementing powers and final provisions
            
            
                        Article 103
                     
                     Exercise of the delegation
                     
                  
                        Article 104
                     
                     Urgency procedure
                     
                  
                        Article 105
                     
                     Committee procedure
                     
                  
                        Article 106
                     
                     Transposition and transitional provisions
                     
                  
                        Article 107
                     
                     Repeal
                     
                  
                        Article 108
                     
                     Review
                     
                  
                        Article 109
                     
                     Entry into force
                     
                  
                        Article 110
                     
                     Addressees
                     
                  
               ANNEXES
            
            
                        ANNEX II
                     
                     List of Union legal acts referred to in Article 4(3)
                     
                  
                        ANNEX III
                     
                     List of Union legal acts referred to in Article 34(3)
                     
                  
                        ANNEX IV
                     
                     Deadlines for the adoption of the implementing acts referred to in Article 35
                     
                  
                        ANNEX XV
                     
                     List of Union legal acts referred to in Article 83(3)
                     
                  
         
            ANNEX XXI-M TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               PROVISIONS OF DIRECTIVE 89/665/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
            
            The elements listed in this Annex are not subject to the process of approximation.
            
                        Article 2b
                     
                     Derogations from the standstill period
                     
                  Point (a) of the first paragraph of Article 2b
            
                        Article 2d
                     
                     Ineffectiveness
                     
                  Point (a) of paragraph 1 of Article 2d,
            Paragraph 4
            
                        Article 3
                     
                     Corrective Mechanisms
                     
                  
                        Article 3a
                     
                     Content of the notice for voluntary ex ante transparency
                     
                  
                        Article 3b
                     
                     Committee Procedure
                     
                  
                        Article 4
                     
                     Implementation
                     
                  
                        Article 4a
                     
                     Review
                     
                  
         
            ANNEX XXI-N TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               PROVISIONS OF DIRECTIVE 92/13/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
            
            The elements listed in this Annex are not subject to the process of approximation.
            
                        Article 2b
                     
                     Derogations from the standstill period
                     
                  Point (a) of the first paragraph of Article 2b
            
                        Article 2d
                     
                     Ineffectiveness
                     
                  Point (a) of paragraph 1 of Article 2d,
            Paragraph 4
            
                        Article 3a
                     
                     Content of the notice for voluntary ex ante transparency
                     
                  
                        Article 3b
                     
                     Committee Procedure
                     
                  
                        Article 8
                     
                     Corrective Mechanisms
                     
                  
                        Article 12
                     
                     Implementation
                     
                  
                        Article 12a
                     
                     Review
                     
                  
         
            ANNEX XXI-O TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               UKRAINE: INDICATIVE LIST OF ISSUES FOR COOPERATION
            
            
                     
                        1.
                     
                     
                        Training, in Ukraine and EU countries, of Ukrainian officials from government bodies engaged in public procurement;
                     
                  
                     
                        2.
                     
                     
                        Training of suppliers interested participating in public procurement;
                     
                  
                     
                        3.
                     
                     
                        Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;
                     
                  
                     
                        4.
                     
                     
                        Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring;
                     
                  
                     
                        5.
                     
                     
                        Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement;
                     
                  
                     
                        6.
                     
                     
                        Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 150 paragraph 2 of this Agreement)
                     
                  
         
            ANNEX XXI-P TO CHAPTER 8 ON PUBLIC PROCUREMENT
            
               THRESHOLDS
            
            
                     
                        1.
                     
                     
                        The value thresholds mentioned in Article 149(3) of this Agreement shall be for both Parties:
                        
                                    (a)
                                 
                                 
                                    EUR 135 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
                                 
                              
                                    (b)
                                 
                                 
                                    EUR 209 000 in the case of public supply and public service contracts not covered by point (a);
                                 
                              
                                    (c)
                                 
                                 
                                    EUR 5 225 000 in the case of public works contracts;
                                 
                              
                                    (d)
                                 
                                 
                                    EUR 5 225 000 in the case of works contracts in the utilities sector;
                                 
                              
                                    (e)
                                 
                                 
                                    EUR 5 225 000 in the case of concessions;
                                 
                              
                                    (f)
                                 
                                 
                                    EUR 418 000 in the case of supply and service contracts in the utilities sector;
                                 
                              
                                    (g)
                                 
                                 
                                    EUR 750 000 for public service contracts for social and other specific services;
                                 
                              
                                    (h)
                                 
                                 
                                    EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.
                                 
                              
                  
                     
                        2.
                     
                     
                        The EUR thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds applicable under the EU Directives at the moment of the entry into force of this Agreement.
                     
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