CELEX: 52018PC0258
Language: en
Date: 2018-05-04
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union, in the Association Committee meeting in trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, concerning the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement

EUROPEAN COMMISSION
            Brussels, 4.5.2018
            COM(2018) 258 final
            2018/0119(NLE)
            Proposal for a
            COUNCIL DECISION
            on the position to be taken on behalf of the European Union, in the Association Committee meeting in trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, concerning the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject-matter of the proposal
            
            
               The present proposal concerns the Council decision adopting the Union positions to be taken in the Association Committee meeting in Trade configuration in connection with the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part.
            
            
               2.Context of the proposal
            
            
               2.1.The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part
            
            
               The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’) aims to contribute to gradual economic integration and deepening of political association between Georgia and the European Union. The agreement entered into force on 1 July 2016.
            
            
               2.2.The Association Committee
            
            
               The Association Committee is a body established by the Agreement, which, pursuant to Article 408(3) of the Agreement, has the power to adopt decisions in the cases provided for in the Agreement and in areas in which the Association Council has delegated powers to it. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. 
            
            
               As set out in Article 408(4) of the Agreement, the Association Committee shall meet in trade configuration to address all trade and trade-related issues of Title IV of the Agreement. As specified in Article 1(4) of the Rules of Procedure of the Association Committee and of Sub-Committees ('the Rules of Procedure')
                  1
               , the Association Committee in Trade configuration shall be composed of senior officials of the European Commission and of Georgia who are responsible for trade and trade-related matters. A representative of the European Commission or of Georgia who is responsible for trade and trade-related matters shall act as Chair of the Association Committee in Trade configuration. The meetings will also be attended by a representative of the European External Action Service.
            
            
               Pursuant to Article 408(3) of the Agreement and Article 11(1) of the Rules of Procedure, the Association Committee shall adopt its decisions by mutual agreement between the Parties and on completion of the respective internal procedures. Each decision or recommendation shall be signed by the Chair of the Association Committee and authenticated by the Secretaries of the Association Committee.
            
            
               2.3.The envisaged acts of the Association Committee
            
            
               The Association Committee meeting in trade configuration is to adopt two decisions regarding the update of Annex III (approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement (‘the envisaged acts’).
            
            
               The purpose of the envisaged acts is to update the aforementioned Annexes in light of the evolution of the Union acquis listed therein since the conclusion of negotiations of the Agreement in November 2013. This conforms to the obligations of the Union and Georgia on dynamic approximation set out in Article 418 of the Agreement and aims to facilitate the ongoing process of approximation to the Union acquis in Georgia.
            
            
               The envisaged acts shall become binding upon the Parties to the Agreement in accordance with Article 408(3) of the Agreement, which provides: ‘The Association Committee shall have the power to adopt decisions in the cases provided for in this Agreement and in areas in which the Association Council has delegated powers to it and as stipulated in Article 406(1) of this Agreement. These decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties, taking into account the respective internal procedures’. 
            
            
               3.Position to be adopted on behalf of the Union
            
            
               The present proposal for a Council decision establishes the Union positions on two decisions to be taken in the Association Committee established by the Agreement in relation to the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement). 
            
            
               The updated of the above-mentioned Annexes is necessary in order to reflect the evolution of the Union acquis that has taken place in the above-mentioned areas since the conclusion of negotiations of the Agreement in November 2013. The proposal is consistent with the Parties' obligations set out in Article 406 and Article 418 of the Agreement.
            
            
               This proposal is consistent with and contributes to the implementation of other external policies of the Union, notably the European Neighbourhood Policy and the Development Cooperation Policy in relation to Georgia.
            
            
               The trade and trade-related provisions of the Agreement were subject to ex-ante impact assessment in 2008, followed by the Commission DG Trade's Trade Sustainability Impact Assessment of 2012, which fed into the Deep and Comprehensive Free Trade Agreement DCFTA negotiation process. That study confirmed that implementation of trade and trade-related provisions would have no negative impact on the Union, its acquis or its policies, while projecting a positive impact on the economic development of Georgia. The proposal does not have any negative impact on the economic, social or environmental policy of the Union.
            
         
         
            
               The Agreement is not subject to REFIT procedures at this stage; it does not imply any costs for the Union SMEs; and it does not raise any issues from the viewpoint of the digital environment.
            
            
               4.Legal basis
            
            
               4.1.Procedural legal basis
            
            
               4.1.1.Principles
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               The notion of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’.
                  2
               
            
            
               4.1.2.Application to the present case
            
            
               The Association Committee is a body set up by an agreement, namely the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part. Pursuant to Article 408(4) of the Agreement, the Association Committee shall meet in Trade configuration to address all trade and trade-related issues of Title IV of the Agreement.
            
            
               Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to this Agreement. Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. The Association Council delegated the power to update or amend certain trade-related Annexes to the Association Committee meeting in Trade configuration by its Decision No 3/2014 of 17 November 2014. 
            
            
               The acts which the Association Committee is called upon to adopt constitutes an acts having legal effects. The envisaged acts will be binding upon the Parties in accordance with Article 408(3) of the Agreement. The envisaged acts do not supplement or amend the institutional framework of the Agreement. Accordingly, the Union positions to be taken in the EU-Georgia Association Committee meeting in Trade configuration must be established in accordance with Article 218(9) TFEU. 
            
            
               The procedural legal basis for the proposed decision, therefore, is Article 218(9) TFEU.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is adopted on behalf of the Union. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged acts is to facilitate trade between the parties by updating certain Annexes on technical barriers to trade and public procurement, namely Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) of Title IV of the Agreement, which concerns trade and trade-related matters. Consequently, the envisaged acts are within the scope of the common commercial policy referred to in Article 207.
            
            
               The substantive legal basis of the proposed decision, therefore, is Article 207 TFEU.
            
            
               4.3.Conclusion
            
            
               The legal bases of the proposed Council decision are Article 207 in conjunction with Article 218(9) TFEU.
            
            
               2018/0119 (NLE)
            
         
         
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union, in the Association Committee meeting in trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, concerning the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Whereas:
            
            
               (1)The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part (‘the Agreement’) was concluded by the Union by Council Decision 2014/494/EU
                  3
                and entered into force on 1 July 2016. 
            
            
               (2)Pursuant to Article 406(3) of the Agreement, the Association Council shall have the power to update or amend the Annexes to the Agreement.
            
            
               (3)Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. 
            
            
               (4)Pursuant to Article 1 of the Association Council Decision No 3/2014 of 17 November 2014
                  4
               , the Association Council delegated the power to update or amend the Annexes to the Agreement which relate inter alia to Chapter 3 (Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and Chapter 8 (Public Procurement) of Title IV (trade and trade-related Matters) of the Agreement to the Association Committee meeting in Trade configuration, to the extent that there are no specific provisions in Chapter 3 and Chapter 8 relating to the update or the amendment of those Annexes.
            
            
               (5)Pursuant to Article 47(1) of the Agreement, the Association Committee may amend Annex III-A to the agreement by decision.
            
            
               (6)Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusions of negotiations of the Agreement. It is necessary to update these Annexes by adding a number of acts that implement, amend, supplement or replace the measures listed therein. 
            
            
               (7)It is therefore appropriate to establish the positions to be adopted on behalf of the Union in the Association Committee meeting in Trade configuration with regard to the envisaged adoption of decisions regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement ('the envisaged acts'). 
            
            
               (8)It is appropriate to publish in the Official Journal of the European Union after their adoption, the decisions of the Association Committee meeting in trade configuration that will amend Annex III and Annex XVI to the Agreement.
            
            
               (9)In the Association Committee in Trade configuration, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU),
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position to be adopted, on behalf of the Union, in the meeting of the Association Committee meeting in Trade configuration on …, shall be based on the following draft Decisions of the Association committee meeting in trade configuration attached to this Decision:
            
            
               1.Decision of the EU-Georgia Association Committee updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology.
            
         
         
            
               2.Decision of the EU-Georgia Association Committee updating Annex XVI to the Agreement (public procurement).
            
            
               Article 2
            
            
               After their adoption, the Decisions of the Association Committee meeting in Trade configuration shall be published in the Official Journal of the European Union. 
            
            
               Article 3
            
            
               This Decision is addressed to the Commission.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        OJ L 9, 15.1.2015, p. 38.
               
               
                  
                     (2)
                  
                        Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraphs 61-64. 
               
               
                  
                     (3)
                  
                        OJ L 261, 30.8.2014, p. 1.
               
               
                  
                     (4)
                  
                        OJ L 321, 5.12.2015, p. 72.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels,4.5.2018
            COM(2018) 258 final
            ANNEX
            to the
            Proposal for a Council Decision
            on the position to be taken on behalf of the European Union, in the Association Committee meeting in trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, concerning the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement
            
               
         
         
            
               ATTACHMENT
            
            
               Draft
            
            
               Decision No 1/2018 of the EU-GEORGIA Association Committee in Trade configuration
            
            
               of …2018 
            
            
               updating Annex III-A to the Association Agreement 
            
            
               THE Association COMMITTEE IN TRADE CONFIGURATION,
            
            
               Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, signed in Brussels on 16 June 2014, and in particular Article 47 thereof,
            
            
               Whereas:
            
            
               (1)In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part ('the Agreement'), the Agreement, entered into force on 1 July 2016. 
            
            
               (2)Article 47 of the Agreement provides that Georgia shall gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that the Association committee may amend Annex III-A to the agreement by decision. 
            
            
               (3)Several Union acts listed in Annex III-A to the Agreement have been recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia.
            
            
               (4)It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex. In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety.
            
            
               (5)It is appropriate to provide for a period to Georgia in order to implement the new Union acts in its domestic legislation. Accordingly, new deadlines for approximation of Georgia to the Union acts listed in Annex III-A are indicated therein,
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Annex III-A, to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is hereby replaced as set out in the Appendix to this Decision.
            
            
               Article 2
            
            
               This Decision shall enter into force on the day of its adoption.
            
            
               Done at …, …
            
         
         
            
                     
                  
                  
                     
                        For the Association Committee 
                     
                     
                        in Trade configuration
                     
                     
                  
               
                     
                  
                  
                     
                        The Chair
                     
                  
               
               Appendix
            
            
               UPDATE of Annex III-A to the Association Agreement 
            
            
               Annex III-A is hereby replaced and shall read as follows:
            
            
               LIST OF SECTORAL LEGISLATION FOR APPROXIMATION 
            
            
               The below list reflects Georgia's priorities with regard to approximation of EU's New Approach and Global Approach Directives as included in the Government of Georgia's Strategy in Standardisation, Accreditation, Conformity Assessment, Technical Regulation and Metrology and Programme on Legislative Reform and Adoption of Technical Regulations, of March 2010.
            
            
                     
                        1.
                     
                  
                  
                     
                        Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC
                           1
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        2.
                     
                  
                  
                     
                        Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast)
                           2
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        3.
                     
                  
                  
                     
                        
                           Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment
                        
                         (recast)
                           3
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        4.
                     
                  
                  
                     
                        Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels
                           4
                        
                     
                     
                        Timetable: during 2013
                     
                  
               
                     
                        5.
                     
                  
                  
                     
                        Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast)
                           5
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        6.
                     
                  
                  
                     
                        Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC
                           6
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        7.
                     
                  
                  
                     
                        Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses
                           7
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        8.
                     
                  
                  
                     
                        Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast)
                           8
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        9.
                     
                  
                  
                     
                        Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC
                           9
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        10.
                     
                  
                  
                     
                        Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast)
                           10
                        
                     
                     
                        Timetable: within eight years after the entry into force of this Agreement
                     
                  
               
                     
                        11.
                     
                  
                  
                     
                        Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast)
                           11
                        
                     
                     
                        Timetable: within eight years after the entry into force of this Agreement
                     
                  
               
                     
                        12.
                     
                  
                  
                     
                        Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC
                           12
                        
                     
                     
                        Timetable: within eight years after the entry into force of this Agreement
                     
                  
               
                     
                        13.
                     
                  
                  
                     
                        Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU
                           13
                        
                     
                     
                        Timetable: within eight years after the entry into force of this Agreement
                     
                  
               
                     
                        14.
                     
                  
                  
                     
                        Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC
                           14
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        15.
                     
                  
                  
                     
                        Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC
                           15
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        16.
                     
                  
                  
                     
                        Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery
                           16
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        17.
                     
                  
                  
                     
                        Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
                           17
                        
                     
                     
                        Timetable: within five years after the entry into force of this Agreement
                     
                  
               
                     
                        18.
                     
                  
                  
                     
                        Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC
                           18
                        
                     
                     
                        Timetable: within eight years after the entry into force of this Agreement
                     
                  
               
                     
                        19.
                     
                  
                  
                     
                        Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast)
                           19
                        
                     
                     
                        Timetable: within eight years after the entry into force of this Agreement
                     
                  
               
                     
                        20.
                     
                  
                  
                     
                        Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast)
                           20
                        
                     
                     
                        Timetable: within eight years after the entry into force of this Agreement
                     
                  
               
            
               
            
               Draft
            
            
               Decision No 2/2018 of the EU-GEORGIA Association Committee in Trade configuration
            
            
               of …2018 
            
            
               updating Annex XVI to the Association Agreement 
            
            
               THE Association COMMITTEE IN TRADE CONFIGURATION,
                     
            
            
               Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, signed in Brussels on 16 June 2014, and in particular Article 142, Article 146 and Article 408 thereof,
            
            
               Having regard to Association Council Decision No. 3/2014 of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in trade Configuration
                  21
               
            
            
               Whereas:
            
            
               (1)In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part ('the Agreement'), the Agreement, entered into force on 1 July 2016. 
            
            
               (2)Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration. 
            
            
               (3)Article 406(3) of the Agreement provides that the EU-Georgia Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in trade Configuration in its Decision No. 1/2014 of 17 November 2014 to update or amend certain trade-related annexes.
            
         
         
            
               (4)Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XVI-B to the Agreement. 
            
            
               (5)Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:
            
            
               (a)Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts
                  22
                
            
            
               (b)Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC
                  23
               
            
            
               (c)Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC
                  24
               
            
            
               (6)It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Article 142, Article 146. 
            
            
               (7)In the interest of clarity, Annex XVI should be updated in its entirety and replaced as set out in the Appendix to this Decision. 
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is hereby replaced by the Annex set out in the Appendix to this Decision.
            
            
               Article 2
            
            
               This Decision shall enter into force on the day of its adoption.
            
            
               Done at …, …
            
            
                     
                  
                  
                     
                        For the Association Committee 
                     
                     
                        in Trade configuration
                     
                     
                  
               
                     
                  
                  
                     
                        The Chair
                     
                  
               
               Appendix
            
            
               UPDATE OF Annex XVI to the agreement
            
            
               Public Procurement
            
            
               Annex XVI-A 
            
            
               Thresholds
            
            
               1.The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties:
            
         
         
            
               (a)EUR 144.000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
            
            
               (b)EUR 221.000 in the case of public supply and public service contracts not covered by point a);
            
            
               (c)EUR 5.548.000 in the case of public works contracts;
            
            
               (d)EUR 5.548.000 in the case of works contracts in the utilities sector;
            
            
               (e)EUR 5.548.000 in the case of concessions;
            
            
               (f)EUR 443.000 in the case of supply and service contracts in the utilities sector;
            
            
               (g)EUR 750.000 for public service contracts for social and other specific services;
            
            
               (h)EUR 1.000.000 for service contracts for social and other specific services in the utilities sector.
            
            
               Annex XVI-B
            
            
               Indicative time schedule for institutional reform, approximation and market access 
               
            
                     
                        Phase
                     
                  
                  
                     
                  
                  
                     
                        Indicative time schedule
                     
                  
                  
                     
                        Market access granted to the EU by Georgia
                     
                  
                  
                     
                        Market access granted to Georgia by the EU
                     
                     
                  
                  
                     
                  
               
                     
                        1
                     
                  
                  
                     
                        Implementation of Articles 143(2) and 144 of this Agreement 
                     
                     
                        Agreement of the Reform Strategy set out in Article 145 of this Agreement
                     
                  
                  
                     
                        Three years after the entry into force of this Agreement
                     
                  
                  
                     
                        Supplies for central government authorities
                     
                  
                  
                     
                        Supplies for central government authorities
                     
                  
                  
                     
                  
               
                     
                        2
                     
                  
                  
                     
                        Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC
                     
                  
                  
                     
                        Five years after the entry into force of this Agreement
                     
                  
                  
                     
                        Supplies for state, regional and local authorities and bodies governed by public law
                     
                  
                  
                     
                        Supplies for state, regional and local authorities and bodies governed by public law
                     
                  
                  
                     
                        Annexes XVI-C and XVI-D
                     
                  
               
                     
                        3
                     
                  
                  
                     
                        Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92 /13/EEC
                     
                  
                  
                     
                        Six years after the entry into force of this Agreement
                     
                  
                  
                     
                        Supplies for all contracting entities in the utilities sector
                     
                  
                  
                     
                        Supplies for all contracting entities
                     
                  
                  
                     
                        Annexes XVI-E and XVI-F
                     
                  
               
                     
                        4
                     
                  
                  
                     
                        Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EU 
                     
                  
                  
                     
                        Seven years after the entry into force of this Agreement
                     
                  
                  
                     
                        Service and works contracts and concessions for all contracting authorities
                     
                  
                  
                     
                        Service and works contracts and concessions for all contracting authorities
                     
                  
                  
                     
                        Annexes XVI-G, XVI-H, and XVI-I 
                     
                  
               
                     
                        5
                     
                  
                  
                     
                        Approximation and implementation of other elements of Directive 2014/25/EU 
                     
                  
                  
                     
                        Eight years after the entry into force of this Agreement
                     
                  
                  
                     
                        Service and works contracts for all contracting entities in the utilities sector
                     
                  
                  
                     
                        Service and works contracts for all contracting entities in the utilities sector
                     
                  
                  
                     
                        Annexes XVI-J, and XVI-K 
                     
                  
               
               Annex XVI-C 
            
            
               Basic elements of Directive 2014/24/EU
            
            
               of 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: paragraphs 1, point (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: 1st subparagraph of paragraph 1, 1st subparagraph of paragraph 5
            
            
               Article 53
                     Electronic availability of procurement documents
            
            
               Article 54
                     Invitations to candidates
            
            
               Article 55
                     Informing candidates and tenderers
            
            
               Section 3 – Choice of participants and award of contracts
            
            
               Article 56
                     General principles
            
            
               Subsection 1:
                     Criteria for qualitative selection
            
         
         
            
               Article 57
                     Exclusion grounds 
            
            
               Article 58
                     Selection criteria 
            
            
               Article 59
                     European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4 
            
            
               Article 60
                     Means of proof 
            
            
               Article 62
                     Quality assurance standards and environmental management standards: paragraphs 1 and 2
            
            
               Article 63
                     Reliance on the capacities of other entities 
            
            
               Subsection 2:
                     Reduction of numbers of candidates, tenders and solutions
            
            
               Article 65
                     Reduction of the number of otherwise qualified candidates to be invited to participate
            
            
               Article 66
                     Reduction of the number of tenders and solutions
            
            
               Subsection 3:
                     Award of the contract
            
            
               Article 67
                     Contract award criteria 
            
            
               Article 68
                     Life-cycle costing: paragraphs 1 and 2
            
            
               Article 69
                     Abnormally low tenders: paragraphs 1 - 4
            
            
               CHAPTER IV
            
            
               Contract performance
            
            
               Article 70
                     Conditions for performance of contracts
            
            
               Article 71
                     Subcontracting 
            
            
               Article 72
                     Modification of contracts during their term
            
            
               Article 73
                     Termination of contracts
            
            
               TITLE III
            
         
         
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               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 XVI-D 
            
            
               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)
                  25
               
                  (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)
                     
            
            
               Paragraph 2 and 3
            
            
               Article 2e
                     Infringements of this Directive and alternative penalties 
            
            
               Article 2f
                     Time limits
            
            
               Annex XVI-E 
            
            
               Basic elements of Directive 2014/25/EU
            
         
         
            
               of 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 1-9, 13-16 and 18-20
            
            
               Article 3
                     Contracting authorities (paragraphs 1 and 4)
            
            
               Article 4
                     Contracting entities: paragraphs 1-3 
            
            
               Article 5
                     Mixed procurement covering the same activity
            
            
               Article 6
                     Procurement covering several activities
            
            
               CHAPTER II
            
            
               Activities
            
            
               Article 7
                     Common provisions
            
            
               Article 8
                     Gas and heat
            
            
               Article 9
                     Electricity
            
            
               Article 10
                     Water
            
            
               Article 11
                     Transport services
            
            
               Article 12
                     Ports and airports 
            
         
         
            
               Article 13
                     Postal services
            
            
               Article 14
                     Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
            
            
               CHAPTER III
            
            
               Material scope
            
            
               Section 1 – Thresholds 
            
            
               Article 15
                     Threshold amounts
            
            
               Article 16
                     Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14
            
            
               Section 2 – Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects
            
            
               Subsection 1:
                     Exclusions applicable to all contracting entities and special exclusions for the water and energy 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 and security aspects
            
            
               Article 26
                     Procurement covering several activities and involving defence and security aspects
            
            
               Article 27
                     Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
            
         
         
            
               Subsection 3:
                     Special relations (cooperation, affiliated undertakings and joint ventures)
            
            
               Article 28
                     Contracts between contracting authorities
            
            
               Article 29
                     Contracts awarded to an affiliated undertaking
            
            
               Article 30
                     Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
            
            
               Subsection 4:
                     Specific situations
            
            
               Article 32
                     Research and development services
            
            
               CHAPTER IV
            
            
               General principles
            
            
               Article 36
                     Principles of procurement
            
            
               Article 37
                     Economic operators
            
            
               Article 39
                     Confidentiality
            
            
               Article 40
                     Rules applicable to communication
            
            
               Article 41
                     Nomenclatures
            
            
               Article 42
                     Conflicts of interest
            
            
               TITLE II
            
            
               Rules applicable to contracts
            
            
               CHAPTER I
            
            
               Procedures
            
            
               Article 44
                     Choice of procedures: paragraphs 1, 2, 4
            
            
               Article 45
                     Open procedure
            
         
         
            
               Article 46
                     Restricted procedure
            
            
               Article 47
                     Negotiated procedure with prior call for competition
            
            
               Article 50
                     Use of the negotiated procedure without prior call for competition: point (a) – (i)
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 1 – Preparation
            
            
               Article 58
                     Preliminary market consultations
            
            
               Article 59
                     Prior involvement of candidates or tenderers
            
            
               Article 60
                     Technical specifications
            
            
               Article 61
                     Labels
            
            
               Article 62
                     Test reports, certification and other means of proof
            
            
               Article 63
                     Communication of technical specifications
            
            
               Article 64
                     Variants
            
            
               Article 65
                     Division of contracts into lots
            
            
               Article 66
                     Setting time limits
            
            
               Section 2 – Publication and transparency
            
            
               Article 67
                     Periodic indicative notices
            
            
               Article 68
                     Notices on the existence of a qualification system 
            
            
               Article 69
                     Contract notices
            
            
               Article 70
                     Contract award notices: paragraphs 1, 3, 4
            
         
         
            
               Article 71
                     Form and manner of publication of notices: paragraph 1, 1st 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, 2
            
            
               Subsection 2:
                     Award of the contract
            
            
               Article 82
                     Contract award criteria
            
            
               Article 83
                     Life-cycle costing: paragraphs 1 and 2
            
            
               Article 84
                     Abnormally low tenders: paragraphs 1-4
            
            
               CHAPTER IV: Contract performance
            
            
               Article 87
                     Conditions for performance of contracts
            
            
               Article 88
                     Subcontracting
            
            
               Article 89
                     Modification of contracts during their term
            
            
               Article 90
                     Termination of contracts
            
         
         
            
               TITLE III
            
            
               Particular procurement regimes
            
            
               CHAPTER I
            
            
               Social and other specific services
            
            
               Article 91
                     Award of contracts for social and other specific services
            
            
               Article 92
                     Publication of notices
            
            
               Article 93
                     Principles of awarding contracts
            
            
               ANNEXES
            
            
               ANNEX I
                     List of activities as set out in point (a) of point 2 of Article 2
            
            
               ANNEX V
                     Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests
            
            
               ANNEX VI 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 invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74
            
            
               ANNEX XIV
                     List of International Social and Environmental Conventions referred to in Article 36(2)
            
            
               ANNEX XVI
                     Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))
            
         
         
            
               ANNEX XVII
                     Services referred to in Article 91
                     
            
            
               ANNEX XVIII
                     Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)
            
            
               Annex XVI-F 
            
            
               Basic elements of Council Directive 92/13/EEC
            
            
               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
                  26
                
            
            
               (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
            
            
               Paragraph 1 (b)
            
            
               Paragraphs 2 and 3
            
            
               Article 2e
                     Infringements of this Directive and alternative penalties 
            
            
               Article 2f
                     Time limits
            
            
               Annex XVI-G
            
            
               (Phase 4)
            
            
               I. other non-mandatory elements of Directive 2014/24/EU
            
         
         
            
               The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               Scope and definitions
            
            
               Section 1 – Subject-matter and definitions
            
            
               Article 2
                     Definitions (paragraph 1, point (14), (16))
            
            
               Article 20
                     Reserved contracts
            
            
               CHAPTER II
            
            
               Techniques and instruments for electronic and aggregated procurement
            
            
               Article 37
                     Centralised purchasing activities and central purchasing bodies 
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 3 – Choice of participants and award of contracts
            
            
               Article 64
                     Offical 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
            
         
         
            
               The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B
            
            
               TITLE I 
            
            
               Subject matter, scope, principles and definitions
            
            
               CHAPTER I
            
            
               Scope, general principles and definitions
            
            
               Section IV – Specific situations
            
            
               Article 24
                     Reserved Concessions
            
            
               Annex XVI-H
            
            
               (Phase 4)
            
            
               I. Other mandatory elements of Directive 2014/24/EU
            
            
               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
            
            
               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: 1st subparagraph of paragraph 1
            
            
               Article 34
                     Electronic availability of concession documents
            
            
               Article 35
                     Combating corruption and preventing conflicts of interest
            
            
               CHAPTER II
            
            
               Procedural guarantees
            
            
               Article 36
                     Technical and functional requirements
            
            
               Article 37
                     Procedural guarantees
            
            
               Article 38
                     Selection of and qualitative assessment of candidates
            
            
               Article 39
                     Time limits for receipt of applications and tenders for the concession
            
         
         
            
               Article 40
                     Provision of information to candidates and tenderers
            
            
               Article 41
                     Award criteria
            
            
               TITLE III
            
            
               Rules on performance of concessions
            
            
               Article 42
                     Subcontracting
            
            
               Article 43
                     Modification of contracts during their term
            
            
               Article 44
                     Termination of concessions
            
            
               Article 45
                     Monitoring and Reporting
            
            
               ANNEXES
            
            
               ANNEX I
                     LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5 
            
            
               ANNEX II
                     ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7 
            
            
               ANNEX III
                     LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2) 
            
            
               ANNEX IV
                     SERVICES REFERRED TO IN ARTICLE 19 
            
            
               ANNEX V
                     INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31 
            
            
               ANNEX VI
                     INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3) 
            
            
               ANNEX VII
                     INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32 
            
            
               ANNEX VIII
                     INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32 
            
            
               ANNEX IX
                     FEATURES CONCERNING PUBLICATION 
            
            
               ANNEX X
                     LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3) 
            
            
               ANNEX XI
                     INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43
            
         
         
            
               Annex XVI-I 
            
            
               Other elements of 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 XVI-J 
            
            
               (Phase 5)
            
            
               I. other non-mandatory elements of Directive 2014/25/EU
            
            
               The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
            
            
               Subject-matter and definitions
            
            
               Article 2
                     Definitions: points 10-12
            
            
               CHAPTER IV
            
            
               General principles
            
         
         
            
               Article 38
                     Reserved contracts
            
            
               TITLE II
            
            
               Rules applicable to contracts
            
            
               CHAPTER 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
            
            
               II. 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))
            
            
               Annex XVI-K 
            
            
               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 the first paragraph of Article 2d
            
            
               Paragraph 5
            
            
               Annex XVI-L
            
            
               I. Provisions of Directive 2014/24/EU outside the scope of approximation
            
            
               The elements listed in this Annex are not subject to the process of approximation.
            
            
               TITLE I
            
            
               Scope, definitions and general principles
            
            
               CHAPTER I
                     
            
            
               Scope and definitions
            
            
               Section 1 – Subject-matter and definitions
            
            
               Article 1
                     Subject-matter and scope: paragraphs 3 and 4
            
            
               Article 2
                     Definitions: paragraph 2
            
            
               Section 2 - Thresholds
            
            
               Article 6
                     Revision of the thresholds and of the list of central government authorities 
            
            
               TITLE II
            
            
               Rules on public contracts
            
            
               CHAPTER I
            
         
         
            
               Procedures
            
            
               Article 25
                     Conditions relating to the GPA and other international agreements
            
            
               CHAPTER II
            
            
               Techniques and instruments for electronic and aggregated procurement
            
            
               Article 39
                     Procurement involving contracting authorities from different Member States
            
            
               CHAPTER III
            
            
               Conduct of the procedure
            
            
               Section 1 – Preparation
            
            
               Article 44
                     Test reports, certification and other means of proof: paragraph 3
            
            
               Section 2 – Publication and transparency
            
            
               Article 51
                     Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 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 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: 2nd 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 XVI-M
            
            
               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
            
            
               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, 2nd 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 XVI-N 
            
            
               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 the first paragraph 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 XVI-O 
            
            
               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 the first paragraph 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 XVI-P 
            
            
               Georgia: Indicative list of issues for cooperation
            
            
               1.Training, in Georgia and EU countries, of Georgian officials from government bodies engaged in public procurement; 
            
            
               2.Training of suppliers interested participating in public procurement; 
            
            
               3.Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;
            
            
               4.Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring; 
            
            
               5.Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement; 
            
            
               6.Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 143 paragraph 2 of this Agreement).
            
         
         
            
                  
                     (1)
                  
                        OJ L 81, 31.3.2016, p. 1.
               
               
                  
                     (2)
                  
                        OJ L 96, 29.3.2014, p. 251.
               
               
                  
                     (3)
                  
                        OJ L 189, 27.6.2014, p. 164.
               
               
                  
                     (4)
                  
                        OJ L 167, 22.6.1992, p. 16.
               
               
                  
                     (5)
                  
                        OJ L 96, 29.3.2014, p. 45.
               
               
                  
                     (6)
                  
                        OJ l 354, 28.12.2013, p. 90.
               
               
                  
                     (7)
                  
                        OJ L 94, 5.4.2008, p. 8.
               
               
                  
                     (8)
                  
                        OJ L 96, 29.3.2014, p. 309.
               
               
                  
                     (9)
                  
                        OJ L 153, 22.5.2014, p. 62.
               
               
                  
                     (10)
                  
                        OJ L 96, 29.3.2014, p. 79.
               
               
                  
                     (11)
                  
                        OJ L 96, 29.3.2014, p. 357.
               
               
                  
                     (12)
                  
                        OJ L 117, 5.5.2017, p. 1.
               
               
                  
                     (13)
                  
                        OJ L 117, 5.5.2017, p. 176.
               
               
                  
                     (14)
                  
                        OJ L 81, 31.3.2016, p. 99.
               
               
                  
                     (15)
                  
                        OJ L 81, 31.3.2016, p. 51.
               
               
                  
                     (16)
                  
                        OJ L 207, 23.7.1998, p. 1.
               
               
                  
                     (17)
                  
                        OJ L 170, 30.6.2009, p. 1.
               
               
                  
                     (18)
                  
                        OJ L 88, 4.4.2011, p. 5.
               
               
                  
                     (19)
                  
                        OJ L 96, 29.3.2014, p. 107.
               
               
                  
                     (20)
                  
                        OJ L 96, 29.3.2014, p. 149.
               
               
                  
                     (21)
                  
                        OJ L 9, 5.1.2015, p. 31.
               
               
                  
                     (22)
                  
                        OJ L 94, 28.3.2014, p. 1.
               
               
                  
                     (23)
                  
                        OJ L 94, 28.3.2014, p. 65.
               
               
                  
                     (24)
                  
                        OJ L 94, 28.3.2014, p. 243.
               
               
                  
                     (25)
                  
                        Georgian legislation implementing Annex XVI-D shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
               
               
                  
                     (26)
                  
                        Georgian legislation implementing Annex XVI-F shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.