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Document 32016D1876

Council Decision (EU) 2016/1876 of 13 October 2016 on the position to be adopted on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other

OJ L 288, 22.10.2016, p. 16–48 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/dec/2016/1876/oj

22.10.2016   

EN

Official Journal of the European Union

L 288/16


COUNCIL DECISION (EU) 2016/1876

of 13 October 2016

on the position to be adopted on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)

The Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.

(2)

In accordance with Article 173 of the Agreement, the Republic of Moldova is to gradually achieve conformity with the relevant Union acquis, in accordance with the provisions of Annex XVI to the Agreement.

(3)

In accordance with Article 273 of the Agreement the Republic of Moldova is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXIX to the Agreement.

(4)

Several Union acts listed in Annexes XVI and XXIX to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. Certain Union acts listed in Annex XVI to the Agreement are also listed in other Annexes. It is appropriate, in the interest of clarity of obligations, to align the deadlines for approximation applicable to those acts.

(5)

In accordance with Article 269 of the Agreement the value thresholds for public procurement contracts provided for in Annex XXIX-A to the Agreement are to be revised regularly, beginning in the year of entry into force of the Agreement.

(6)

It is furthermore appropriate to take into account the progress made by the Republic of Moldova in the process of approximation to the Union acquis by amending certain deadlines.

(7)

It is therefore necessary to update Annexes XVI and XXIX in order to reflect the developments to the Union acquis listed therein, and revise the value thresholds for public procurement contracts provided for in Annex XXIX-A to the Agreement.

(8)

In accordance with Article 269 of the Agreement, the revision of the thresholds provided for in Annex XXIX-A to the Agreement shall be adopted by decision of the Association Committee in Trade configuration.

(9)

In accordance with Article 436(3) of the Agreement, the Association Council shall have the power to update or amend the Annexes to the Agreement.

(10)

Article 1 of the Association Council Decision No 3/2014 of 16 December 2014 delegates the power to update or amend the trade-related annexes to the Agreement to the Association Committee in Trade configuration, including Annex XVI pertaining to Chapter 3 (Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity Assessment) and Annex XXIX pertaining to Chapter 8 (Public Procurement) of Title V (Trade and trade-related matters) of the Agreement.

(11)

It is appropriate to establish the position to be adopted on the Union's behalf within the Association Committee in Trade configuration with regard to the update of Annexes XVI and XXIX to the Agreement,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on the Union's behalf within the Association Committee in Trade configuration established by Article 438 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, with regard to the update of Annexes XVI and XXIX to the Agreement shall be based on the draft Decisions of that Committee attached to this Decision.

Minor technical corrections to the draft Decisions may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 13 October 2016.

For the Council

The President

R. KALIŇÁK


(1)  OJ L 260, 30.8.2014, p. 4.


DRAFT

DECISION No 1/2016 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION

of …

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 the Republic of Moldova, of the other part, and in particular Article 173 and Article 436 thereof,

Whereas:

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.

(2)

In accordance with Article 173 of the Agreement the Republic of Moldova shall gradually achieve conformity with the relevant Union acquis, in accordance with the provisions of Annex XVI to the Agreement.

(3)

Several Union acts listed in Annex XVI to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. In particular, the Union adopted and notified to the Republic of Moldova the following acts:

(a)

Directive 2014/35/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 (2);

(b)

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 (3);

(c)

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 (4);

(d)

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 (5);

(e)

Directive 2014/28/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 and supervision of explosives for civil uses (6);

(f)

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 (7);

(g)

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 (8);

(h)

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 (9);

(i)

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 (10);

(j)

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 (11);

(k)

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 (12);

(l)

Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (13);

(m)

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (14);

(n)

Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (15);

(o)

Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (16);

(p)

Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (17);

(q)

Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (18);

(r)

Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (19).

(4)

Certain Union acts listed in Annex XVI are also listed in Annex IV (Consumer Protection) and Annex XI (Environment) to the Agreement. In the interest of clarity, the applicable deadlines for approximation of those acts listed in Annex XVI should be aligned to the deadlines specified in Annex IV (Consumer Protection) and Annex XI (Environment) to the Agreement.

(5)

It is necessary to update Annex XVI to the Agreement in order to reflect the evolution of the Union legislation listed in that Annex, in accordance with Article 436(3) of the Agreement. In the interest of clarity, the sections of Annex XVI to the Agreement affected by the changes should be updated in their entirety.

(6)

The Republic of Moldova continues the process of approximating its legislation to the Union legislation, in accordance with the timetable and priorities set out in Annex XVI to the Agreement. It is therefore appropriate to ensure that the recent updates to the Union legislation are promptly and efficiently integrated in the ongoing process of approximation and take into account the progress already made by the Republic of Moldova.

(7)

It is appropriate to provide for transition periods to the Republic of Moldova in order to reflect the new Union acts in its national legislation and to provide an adaptation period to the manufacturers and importers. Accordingly, the deadlines for approximation of its national legislation to those new Union acts should be extended.

(8)

In accordance with Article 436(3) of the Agreement the EU-Republic of Moldova the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in Trade configuration by Decision No 3/2014 of 16 December 2014 to update or amend certain trade-related annexes,

HAS ADOPTED THIS DECISION:

Article 1

Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of 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 the Republic of Moldova, of the other part, are replaced by the text appearing in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at …,

For the Association Committee in Trade configuration

The Chair


(1)  OJ EU L 260, 30.8.2014, p. 4.

(2)  OJ EU L 96, 29.3.2014, p. 357.

(3)  OJ EU L 96, 29.3.2014, p. 45.

(4)  OJ EU L 96, 29.3.2014, p. 79.

(5)  OJ EU L 96, 29.3.2014, p. 309.

(6)  OJ EU L 96, 29.3.2014, p. 1.

(7)  OJ EU L 96, 29.3.2014, p. 251.

(8)  OJ EU L 96, 29.3.2014, p. 149.

(9)  OJ EU L 96, 29.3.2014, p. 107.

(10)  OJ EU L 189, 27.6.2014, p. 164.

(11)  OJ EU L 153, 22.5.2014, p. 62.

(12)  OJ EU L 354, 28.12.2013, p. 90.

(13)  OJ EU L 178, 28.6.2013, p. 27.

(14)  OJ EU L 165, 30.6.2010, p. 1.

(15)  OJ EU L 60, 2.3.2013, p. 52.

(16)  OJ EU L 60, 2.3.2013, p. 1.

(17)  OJ EU L 201, 27.7.2012, p. 60.

(18)  OJ EU L 197, 24.7.2012, p. 1.

(19)  OJ EU L 197, 24.7.2012, p. 38.

ANNEX

UPDATE OF ANNEX XVI TO THE AGREEMENT

Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Agreement are replaced by the following:

‘Union legislation

Deadline for approximation

HORIZONTAL LEGISLATIVE FRAMEWORK FOR MARKETING OF PRODUCTS

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93

Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC

Approximated on the date of entry into force of the Law No 235 of 1 December 2011

Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety

2016

Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products

2012

Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council

2015

Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC, as amended by Directive 2009/3/EC of the European Parliament and of the Council

2015

LEGISLATION BASED ON THE PRINCIPLES OF THE NEW APPROACH WHICH PROVIDE FOR CE MARKING

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

2017

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

2017

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC

Full approximation: 2015

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

2017

Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment

Review and full approximation: 2015

Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels

Review and full approximation: 2016

Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons

2015

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

2017

Directive 2014/28/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 and supervision of explosives for civil uses

Commission Decision 2004/388/EC of 15 April 2004 on an Intra-Community transfer of explosives document

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

2017

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

2017

Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC

2015

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

2017

Council Directive 93/42/EEC of 14 June 1993 concerning medical devices

Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices

Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices

Review and full approximation: 2015

Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels

Full approximation: 2017

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

2017

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

2017

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

2017

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

2018

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys

Review and full approximation: 2015

Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles

2017

DIRECTIVES BASED ON THE PRINCIPLES OF THE NEW APPROACH OR THE GLOBAL APPROACH, BUT WHICH DO NOT PROVIDE FOR CE MARKING

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

2015

Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC

2017

CONSTRUCTION OF MOTOR VEHICLES

2.   Two- or Three-wheel motor vehicles

Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles

2017

3.   Wheeled agricultural or forestry tractors

Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles

2016

Directive 2008/2/EC of the European Parliament and of the Council of 15 January 2008 on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors

2016

CHEMICALS

1.   REACH and REACH implementation

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC

2019

Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

2019

2.   Dangerous chemicals

Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals

2017

Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC

2021

Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment

2014

Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE)

2016

Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC

2013-14

Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

Approximated in 2009

Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC

2013-14

3.   Classification, packaging and labelling

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006

2021’.


DRAFT

DECISION No 2/2016 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION

of …

updating Annex XXIX 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 the Republic of Moldova, of the other part, and in particular Article 269, Article 273 and Article 436 thereof,

Whereas:

(1)

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.

(2)

In accordance with Article 269(5) of the Agreement the value thresholds for public procurement contracts provided for in Annex XXIX-A are to be revised regularly every two years, beginning in the year of entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration, as set out in Article 438(4) of the Agreement.

(3)

In accordance with Article 273 of the Agreement the Republic of Moldova is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXIX to the Agreement.

(4)

Several Union acts listed in Annex XXIX to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. In particular, the Union adopted and notified to the Republic of Moldova the following acts:

(a)

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (2);

(b)

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (3);

(c)

Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (4).

(5)

The above-mentioned new Directives amended the value thresholds for public procurement contracts provided for in Annex XXIX-A.

(6)

It is therefore necessary to update Annex XXIX to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Article 269, Article 273 and Article 436 of the Agreement.

(7)

The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXIX. In the interest of clarity, Annex XXIX should be updated in its entirety and replaced by the text set out in the Annex to this Decision. It is furthermore appropriate to take into account the progress made by the Republic of Moldova in the process of approximation to the Union acquis.

(8)

In accordance with Article 436(3) of the Agreement the EU-Republic of Moldova Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in Trade configuration by Decision No 3/2014 of 16 December 2014 to update or amend certain trade-related annexes,

HAS ADOPTED THIS DECISION:

Article 1

Annex XXIX to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part, is replaced by the by the text appearing in the Annex to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at …,

For the Association Committee in Trade configuration

The Chair


(1)  OJ EU L 260, 30.8.2014, p. 4.

(2)  OJ EU L 94, 28.3.2014, p. 1.

(3)  OJ EU L 94, 28.3.2014, p. 65.

(4)  OJ EU L 94, 28.3.2014, p. 243.

ANNEX

Annex XXIX to the Agreement is replaced by the following:

‘ANNEX XXIX

PUBLIC PROCUREMENT

ANNEX XXIX-A

THRESHOLDS

1.

The value thresholds referred to in Article 269(3) of this Agreement shall be for both Parties:

(a)

EUR 134 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;

(b)

EUR 207 000 in the case of public supply and public service contracts not covered by point (a);

(c)

EUR 5 186 000 in the case of public works contracts;

(d)

EUR 5 186 000 in the case of works contracts in the utilities sector;

(e)

EUR 5 186 000 in the case of concessions;

(f)

EUR 414 000 in the case of supply and service contracts in the utilities sector;

(g)

EUR 750 000 for public service contracts for social and other specific services;

(h)

EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.

2.

The value thresholds referred to in paragraph 1 shall be adapted to reflect the thresholds applicable under Directives 2014/23/EU, 2014/24/EU and 2014/25/EU at the moment of the entry into force of this Agreement.

ANNEX XXIX-B

INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS

Phase

 

Indicative time schedule

Market access granted to the EU by the Republic of Moldova

Market access granted to the Republic of Moldova by the EU

 

1

Implementation of Articles 270(2) and 271 of this Agreement

Agreement of the Reform Strategy set out in Article 272 of this Agreement

9 months after the entry into force of this Agreement

Supplies for central government authorities

Supplies for central government authorities

 

2

Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC

5 years after the entry into force of this Agreement

Supplies for state, regional and local authorities and bodies governed by public law

Supplies for state, regional and local authorities and bodies governed by public law

Annexes XXIX-C and XXIX-N

Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC

5 years after the entry into force of this Agreement

Supplies for all contracting entities in the utilities sector

Supplies for all contracting entities

Annexes XXIX-G and XXIX-Q

Approximation and implementation of other elements of Directive 2014/24/EU

5 years after the entry into force of this Agreement

Service and works contracts for all contracting authorities

Service and works contracts for all contracting authorities

Annexes XXIX-D, XXIX-E, and XXIX-O

3

Approximation and implementation of Directive 2014/23/EU

6 years after the entry into force of this Agreement

Concessions for all contracting authorities

Concessions for all contracting authorities

Annexes XXIX-K and XXIX-L

4

Approximation and implementation of other elements of Directive 2014/25/EU

8 years after the entry into force of this Agreement

Service and works contracts for all contracting entities in the utilities sector

Service and works contracts for all contracting entities in the utilities sector

Annexes XXIX-H, XXIX-I and XXIX-R

ANNEX XXIX-C

BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 26 February 2014

on public procurement and repealing Directive 2004/18/EC

(Phase 2)

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 1

Subject-matter and scope: paragraphs 1, 2, 5 and 6

Article 2

Definitions: points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24) of paragraph 1

Article 3

Mixed procurement

Section 2

Thresholds

Article 4

Threshold amounts

Article 5

Methods for calculating the estimated value of procurement

Section 3

Exclusions

Article 7

Contracts in the water, energy, transport and postal services sectors

Article 8

Specific exclusions in the field of electronic communications

Article 9

Public contracts awarded and design contests organised pursuant to international rules

Article 10

Specific exclusions for service contracts

Article 11

Service contracts awarded on the basis of an exclusive right

Article 12

Public contracts between entities within the public sector

Section 4

Specific situations

Subsection 1

Subsidised contracts and research and development services

Article 13

Contracts subsidised by contracting authorities

Article 14

Research and development services

Subsection 2

Procurement involving defence and security aspects

Article 15

Defence and security

Article 16

Mixed procurement involving defence or security aspects

Article 17

Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

 

 

CHAPTER II

General rules

Article 18

Principles of procurement

Article 19

Economic operators

Article 21

Confidentiality

Article 22

Rules applicable to communication: paragraphs 2-6

Article 23

Nomenclatures

Article 24

Conflicts of interest

 

 

TITLE II

Rules on public contracts

 

 

CHAPTER I

Procedures

Article 26

Choice of procedures: paragraphs 1, 2, point (a) of paragraph 4, paragraphs 5 and 6

Article 27

Open procedure

Article 28

Restricted procedure

Article 29

Competitive procedure with negotiation

Article 32

Use of the negotiated procedure without prior publication

 

 

CHAPTER III

Conduct of the procedure

Section 1

Preparation

Article 40

Preliminary market consultations

Article 41

Prior involvement of candidates or tenderers

Article 42

Technical specifications

Article 43

Labels

Article 44

Test reports, certification and other means of proof: paragraphs 1 and 2

Article 45

Variants

Article 46

Division of contracts into lots

Article 47

Setting time limits

Section 2

Publication and transparency

Article 48

Prior information notices

Article 49

Contract notices

Article 50

Contract award notices: paragraphs 1 and 4

Article 51

Form and manner of publication of notices: first subparagraph of paragraph 1 and first subparagraph of paragraph 5

Article 53

Electronic availability of procurement documents

Article 54

Invitations to candidates

Section 3

Choice of participants and award of contracts

Article 56

General principles

Subsection 1

Criteria for qualitative selection

Article 57

Exclusion grounds

Article 58

Selection criteria

Article 59

European Single Procurement Document: paragraph 1 mutatis mutandis and paragraph 4

Article 60

Means of proof

Article 62

Quality assurance standards and environmental management standards: paragraphs 1 and 2

Article 63

Reliance on the capacities of other entities

Subsection 2

Reduction of numbers of candidates, tenders and solutions

Article 65

Reduction of the number of otherwise qualified candidates to be invited to participate

Article 66

Reduction of the number of tenders and solutions

Subsection 3

Award of the contract

Article 67

Contract award criteria

Article 68

Life-cycle costing: paragraphs 1 and 2

Article 69

Abnormally low tenders: paragraphs 1-4

 

 

CHAPTER IV

Contract performance

Article 70

Conditions for performance of contracts

Article 71

Subcontracting

Article 72

Modification of contracts during their term

Article 73

Termination of contracts

 

 

TITLE III

Particular procurement regimes

 

 

CHAPTER I

Social and other specific services

Article 74

Award of contracts for social and other specific services

Article 75

Publication of notices

Article 76

Principles of awarding contracts

 

 

ANNEXES

Annex II

List of the activities referred to in point (6)(a) of Article 2(1)

Annex III

List of products referred to in Article 4(b) with regard to contracts awarded contracting authorities in the field of defence

Annex IV

Requirements relating to tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in design contests

Annex V

Information to be included in notices

Part A

Information to be included in notices of the publication of a prior information notice on a buyer profile

Part B

Information to be included in prior information notices (as referred to in Article 48)

Part C

Information to be included in contract notices (as referred to in Article 49)

Part D

Information to be included in contract award notices (as referred to in Article 50)

Part G

Information to be included in notices of modifications of a contract during its term (as referred to in Article 72(1))

Part H

Information to be included in contract notices concerning contracts for social and other specific services (as referred to in Article 75(1))

Part I

Information to be included in prior information notices for social and other specific services (as referred to in Article 75(1))

Part J

Information to be included in contract award notices concerning contracts for social and other specific services (as referred to in Article 75(2))

Annex VII

Definition of certain technical specifications

Annex IX

Contents of the invitations to submit a tender, to participate in the dialogue or to confirm interest provided for under Article 54

Annex X

List of international social and environmental conventions referred to in Article 18(2)

Annex XII

Means of proof of selection criteria

Annex XIV

Services referred to in Article 74

ANNEX XXIX-D

OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU

(Phase 2)

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 2

Definitions: point (21) of paragraph 1

Article 22

Rules applicable to communication: paragraph 1

 

 

TITLE II

Rules on public contracts

 

 

CHAPTER I

Procedures

Article 26

Choice of procedures: paragraph 3 and point (b) of paragraph 4

Article 30

Competitive dialogue

Article 31

Innovation partnership

 

 

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 33

Framework agreements

Article 34

Dynamic purchasing systems

Article 35

Electronic auctions

Article 36

Electronic catalogues

Article 38

Occasional joint procurement

 

 

CHAPTER III

Conduct of the procedure

Section 2

Publication and transparency

Article 50

Contract award notices: paragraphs 2 and 3

 

 

TITLE III

Particular procurement regimes

 

 

CHAPTER II

Rules governing design contests

Article 78

Scope

Article 79

Notices

Article 80

Rules on the organisation of design contests and the selection of participants

Article 81

Composition of the jury

Article 82

Decisions of the jury

 

 

ANNEXES

Annex V

Information to be included in notices

Part E

Information to be included in design contest notices (as referred to in Article 79(1))

Part F

Information to be included in notices of the results of a contest (as referred to in Article 79(2))

Annex VI

Information to be included in the procurement documents relating to electronic auctions (Article 35(4))

ANNEX XXIX-E

OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU

(Phase 2)

The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 2

Definitions: points (14) and (16) of paragraph 1

Article 20

Reserved contracts

 

 

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 37

Centralised purchasing activities and central purchasing bodies

 

 

CHAPTER III

Conduct of the procedure

Section 3

Choice of participants and award of contracts

Article 64

Official lists of approved economic operators and certification by bodies established under public or private law

 

 

TITLE III

Particular procurement regimes

 

 

CHAPTER I

Social and other specific services

Article 77

Reserved contracts for certain services

ANNEX XXIX-F

PROVISIONS OF DIRECTIVE 2014/24/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 1

Subject-matter and scope: paragraphs 3 and 4

Article 2

Definitions: paragraph 2

Section 2

Thresholds

Article 6

Revision of the thresholds and of the list of central government authorities

 

 

TITLE II

Rules on public contracts

 

 

CHAPTER I

Procedures

Article 25

Conditions relating to the GPA and other international agreements

 

 

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 39

Procurement involving contracting authorities from different Member States

 

 

CHAPTER III

Conduct of the procedure

Section 1

Preparation

Article 44

Test reports, certification and other means of proof: paragraph 3

Section 2

Publication and transparency

Article 51

Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4, second subparagraph of paragraph 5, paragraph 6

Article 52

Publication at national level

Section 3

Choice of participants and award of contracts

Article 61

Online repository of certificates (e-Certis)

Article 62

Quality assurance standards and environmental management standards: paragraph 3

Article 68

Life-cycle costing: paragraph 3

Article 69

Abnormally low tender: paragraph 5

 

 

TITLE IV

Governance

Article 83

Enforcement

Article 84

Individual reports on procedures for the award of contracts

Article 85

National reporting and statistical information

Article 86

Administrative cooperation

 

 

TITLE V

Delegated powers, implementing powers and final provisions

Article 87

Exercise of the delegation

Article 88

Urgency procedure

Article 89

Committee procedure

Article 90

Transposition and transitional provisions

Article 91

Repeals

Article 92

Review

Article 93

Entry into force

Article 94

Addressees

 

 

ANNEXES

Annex I

Central government authorities

Annex VIII

Features concerning publication

Annex XI

Registers

Annex XIII

List of union legal acts referred to in Article 68(3)

Annex XV

Correlation table

ANNEX XXIX-G

BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 26 February 2014

on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC

(Phase 2)

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Subject-matter and definitions

Article 1

Subject-matter and scope: paragraphs 1, 2, 5 and 6

Article 2

Definitions: points (1)-(9), (13)-(16) and (18)-(20)

Article 3

Contracting authorities: paragraphs 1 and 4

Article 4

Contracting entities: paragraphs 1-3

Article 5

Mixed procurement covering the same activity

Article 6

Procurement covering several activities

 

 

CHAPTER II

Activities

Article 7

Common provisions

Article 8

Gas and heat

Article 9

Electricity

Article 10

Water

Article 11

Transport services

Article 12

Ports and airports

Article 13

Postal services

Article 14

Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

 

 

CHAPTER III

Material scope

Section 1

Thresholds

Article 15

Threshold amounts

Article 16

Methods for calculating the estimated value of procurement: paragraphs 1-4 and 7-14

Section 2

Excluded contracts and design contests: special provisions for procurement involving defence and security aspects

Subsection 1

Exclusions applicable to all contracting entities and special exclusions for the water and energy sector

Article 18

Contracts awarded for purposes of resale or lease to third parties: paragraph 1

Article 20

Contracts awarded and design contests organised pursuant to international rules

Article 21

Specific exclusions for service contracts

Article 22

Service contracts awarded on the basis of an exclusive right

Article 23

Contracts awarded by certain contracting authorities for the purchase of water and for the supply of energy or of fuels for the production of energy

Subsection 2

Procurement involving defence and security aspects

Article 24

Defence and security

Article 25

Mixed procurement covering the same activity and involving defence or security aspects

Article 26

Procurement covering several activities and involving defence or security aspects

Article 27

Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

Subsection 3

Special relations (cooperation, affiliated undertakings and joint ventures)

Article 28

Contracts between contracting authorities

Article 29

Contracts awarded to an affiliated undertaking

Article 30

Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture

Subsection 4

Specific situations

Article 32

Research and development services

 

 

CHAPTER IV

General principles

Article 36

Principles of procurement

Article 37

Economic operators

Article 39

Confidentiality

Article 40

Rules applicable to communication

Article 41

Nomenclatures

Article 42

Conflicts of interest

 

 

TITLE II

Rules applicable to contracts

 

 

CHAPTER I

Procedures

Article 44

Choice of procedures: paragraphs 1, 2 and 4

Article 45

Open procedure

Article 46

Restricted procedure

Article 47

Negotiated procedure with prior call for competition

Article 50

Use of the negotiated procedure without prior call for competition: points (a)–(i)

 

 

CHAPTER III

Conduct of the procedure

Section 1

Preparation

Article 58

Preliminary market consultations

Article 59

Prior involvement of candidates or tenderers

Article 60

Technical specifications

Article 61

Labels

Article 62

Test reports, certification and other means of proof

Article 63

Communication of technical specifications

Article 64

Variants

Article 65

Division of contracts into lots

Article 66

Setting time limits

Section 2

Publication and Transparency

Article 67

Periodic indicative notices

Article 68

Notices on the existence of a qualification system

Article 69

Contract notices

Article 70

Contract award notices: paragraphs 1, 3 and 4

Article 71

Form and manner of publication of notices: paragraph 1 and first subparagraph of paragraph 5

Article 73

Electronic availability of procurement documents

Article 74

Invitations to candidates

Article 75

Informing applicants for qualification, candidates and tenderers

Section 3

Choice of participants and award of contract

Article 76

General principles

Subsection 1

Qualification and qualitative selection

Article 78

Criteria for qualitative selection

Article 79

Reliance on the capacities of other entities: paragraph 2

Article 80

Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU

Article 81

Quality assurance standards and environmental management standards: paragraphs 1 and 2

Subsection 2

Award of the contract

Article 82

Contract award criteria

Article 83

Life-cycle costing: paragraphs 1 and 2

Article 84

Abnormally low tenders: paragraphs 1-4

 

 

CHAPTER IV

Contract performance

Article 87

Conditions for performance of contracts

Article 88

Subcontracting

Article 89

Modification of contracts during their term

Article 90

Termination of contracts

 

 

TITLE III

Particular procurement regimes

 

 

CHAPTER I

Social and other specific services

Article 91

Award of contracts for social and other specific services

Article 92

Publication of notices

Article 93

Principles of awarding contracts

 

 

ANNEXES

Annex I

List of activities as set out in point (a) of point 2 of Article 2

Annex V

Requirements relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests

Annex VI part A

Information to be included in the periodic indicative notice (as referred to in Article 67)

Annex VI part B

Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))

Annex VIII

Definition of certain technical specifications

Annex IX

Features concerning publication

Annex X

Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)

Annex XI

Information to be included in contract notices (as referred to in Article 69)

Annex XII

Information to be included in the contract award notice (as referred to in Article 70)

Annex XIII

Contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74

Annex XIV

List of International Social and Environmental Conventions referred to in Article 36(2)

Annex XVI

Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))

Annex XVII

Services referred to in Article 91

Annex XVIII

Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)

ANNEX XXIX-H

OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU

(Phase 4)

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Subject-matter and definitions

Article 2

Definitions: point (17)

 

 

CHAPTER III

Material scope

Section 1

Thresholds

Article 16

Methods for calculating the estimated value of procurement: paragraphs 5 and 6

 

 

TITLE II

Rules applicable to contracts

 

 

CHAPTER I

Procedures

Article 44

Choice of procedures: paragraph 3

Article 48

Competitive dialogue

Article 49

Innovation partnership

Article 50

Use of the negotiated procedure without prior call for competition: point (j)

 

 

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 51

Framework agreements

Article 52

Dynamic purchasing systems

Article 53

Electronic auctions

Article 54

Electronic catalogues

Article 56

Occasional joint procurement

 

 

CHAPTER III

Conduct of the procedure

Section 2

Publication and transparency

Article 70

Contract award notices: paragraph 2

Section 3

Choice of participants and award of contracts

Subsection 1

Qualification and qualitative selection

Article 77

Qualification systems

Article 79

Reliance on the capacities of other entities: paragraph 1

 

 

TITLE III

Particular procurement regimes

 

 

CHAPTER II

Rules governing design contests

Article 95

Scope

Article 96

Notices

Article 97

Rules on the organisation of design contests, the selection of participants and the jury

Article 98

Decision of the jury

 

 

ANNEXES

Annex VII

Information to be included in the procurement documents relating to electronic auctions (Article 53(4))

Annex XIX

Information to be included in the design contest notice (as referred to in Article 96(1))

Annex XX

Information to be included in the results of design contest notices (as referred to in Article 96(1))

ANNEX XXIX-I

OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU

(Phase 4)

The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Subject-matter and definitions

Article 2

Definitions: points (10)-(12)

 

 

CHAPTER IV

General principles

Article 38

Reserved contracts

 

 

TITLE II

Rules applicable to contracts

 

 

CHAPTER I

Procedures

Article 55

Centralised purchasing activities and central purchasing bodies

 

 

TITLE III

Particular procurement regimes

 

 

CHAPTER I

Social and other specific services

Article 94

Reserved contracts for certain services

ANNEX XXIX-J

PROVISIONS OF DIRECTIVE 2014/25/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

TITLE I

Scope, definitions and general principles

 

 

CHAPTER I

Subject-matter and definitions

Article 1

Subject matter and scope: paragraphs 3 and 4

Article 3

Contracting authorities: paragraphs 2 and 3

Article 4

Contracting entities: paragraph 4

 

 

CHAPTER III

Material scope

Section 1

Thresholds

Article 17

Revision of the thresholds

Section 2

Excluded contracts and design contests: special provisions for procurement involving defence and security aspects

Subsection 1

Exclusions applicable to all contracting entities and special exclusions for the water and energy sector

Article 18

Contracts awarded for purposes of resale or lease to third parties: paragraph 2

Article 19

Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2

Subsection 3

Special relations (cooperation, affiliated undertakings and joint ventures)

Article 31

Notification of information

Subsection 4

Specific situations

Article 33

Contracts subject to special arrangements

Subsection 5

Activities directly exposed to competition and procedural provisions relating thereto

Article 34

Activities directly exposed to competition

Article 35

Procedure for establishing whether Article 34 is applicable

 

 

TITLE II

Rules applicable to contracts

 

 

CHAPTER I

Procedures

Article 43

Conditions relating to the GPA and other international agreements

 

 

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 57

Procurement involving contracting entities from different Member States

 

 

CHAPTER III

Conduct of the procedure

Section 2

Publication and transparency

Article 71

Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6

Article 72

Publication at national level

Section 3

Choice of participants and award of contract

Article 81

Quality assurance standards and environmental management standards: paragraph 3

Article 83

Life-cycle costing: paragraph 3

Section 4

Tenders comprising products originating in third countries and relations with those countries

Article 85

Tenders comprising products originating in third countries

Article 86

Relations with third countries as regards works, supplies and service contracts

 

 

TITLE IV

Governance

Article 99

Enforcement

Article 100

Individual reports on procedures for the award of contracts

Article 101

National reporting and statistical information

Article 102

Administrative cooperation

 

 

TITLE V

Delegated powers, implementing powers and final provisions

Article 103

Exercise of the delegation

Article 104

Urgency procedure

Article 105

Committee procedure

Article 106

Transposition and transitional provisions

Article 107

Repeal

Article 108

Review

Article 109

Entry into force

Article 110

Addressees

 

 

ANNEXES

Annex II

List of Union legal acts referred to in Article 4(3)

Annex III

List of Union legal acts referred to in Article 34(3)

Annex IV

Deadlines for the adoption of the implementing acts referred to in Article 35

Annex XV

List of Union legal acts referred to in Article 83(3)

ANNEX XXIX-K

BASIC ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 26 February 2014

on the award of concession contracts

(Phase 3)

TITLE I

Subject-matter, scope, principles and definitions

 

 

CHAPTER I

Scope, general principles and definitions

Section I

Subject-matter, scope, general principles, definitions and threshold

Article 1

Subject-matter and scope: paragraphs 1, 2 and 4

Article 2

Principle of free administration by public authorities

Article 3

Principle of equal treatment, non-discrimination and transparency

Article 4

Freedom to define services of general economic interest

Article 5

Definitions

Article 6

Contracting authorities: paragraphs 1 and 4

Article 7

Contracting entities

Article 8

Threshold and methods for calculating the estimated value of concessions

Section II

Exclusions

Article 10

Exclusions applicable to concessions awarded by contracting authorities and contracting entities

Article 11

Specific exclusions in the field of electronic communications

Article 12

Specific exclusions in the field of water

Article 13

Concessions awarded to an affiliated undertaking

Article 14

Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture

Article 17

Concessions between entities within the public sector

Section III

General provisions

Article 18

Duration of the concession

Article 19

Social and other specific services

Article 20

Mixed contracts

Article 21

Mixed procurement contracts involving defence or security aspects

Article 22

Contracts covering both activities referred to in Annex II and other activities

Article 23

Concessions covering both activities referred to in Annex II and activities involving defence or security aspects

Article 25

Research and development services

 

 

CHAPTER II

Principles

Article 26

Economic operators

Article 27

Nomenclatures

Article 28

Confidentiality

Article 29

Rules applicable to communication

 

 

TITLE II

Rules on the award of concessions: general principles and procedural guarantees

 

 

CHAPTER I

General principles

Article 30

General principles: paragraphs 1, 2 and 3

Article 31

Concession notices

Article 32

Concession award notices

Article 33

Form and manner of publication of notices: first subparagraph of paragraph 1

Article 34

Electronic availability of concession documents

Article 35

Combating corruption and preventing conflicts of interest

 

 

CHAPTER II

Procedural guarantees

Article 36

Technical and functional requirements

Article 37

Procedural guarantees

Article 38

Selection of and qualitative assessment of candidates

Article 39

Time limits for receipt of applications and tenders for the concession

Article 40

Provision of information to candidates and tenderers

Article 41

Award criteria

 

 

TITLE III

Rules on performance of concessions

Article 42

Subcontracting

Article 43

Modification of contracts during their term

Article 44

Termination of concessions

Article 45

Monitoring and reporting

 

 

ANNEXES

Annex I

List of the activities referred to in point (7) of Article 5

Annex II

Activities exercised by contracting entities as referred to in Article 7

Annex III

List of legal acts of the union referred to in point (b) of Article 7(2)

Annex IV

Services referred to in Article 19

Annex V

Information to be included in concession notices referred to in Article 31

Annex VI

Information to be included in prior information notices concerning concessions for social and other specific services, as referred to in Article 31(3)

Annex VII

Information to be included in concession award notices, as referred to in Article 32

Annex VIII

Information to be included in concession award notices concerning concessions for social and other specific services, as referred to in Article 32

Annex IX

Features concerning publication

Annex X

List of international social and environmental conventions referred to in Article 30(3)

Annex XI

Information to be included in notices of modifications of a concession during its term according to Article 43

ANNEX XXIX-L

OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU

(Phase 3)

The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.

TITLE I

Subject-matter, scope, principles and definitions

 

 

CHAPTER I

Scope, general principles and definitions

 

 

Section IV

Specific situations

Article 24

Reserved concessions

ANNEX XXIX-M

PROVISIONS OF DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

TITLE I

Subject-matter, scope, principles and definitions

 

 

CHAPTER I

Scope, general principles and definitions

Section I

Subject-matter, scope, general principles, definitions and threshold

Article 1

Subject-matter and scope: paragraph 3

Article 6

Contracting authorities: paragraphs 2 and 3

Article 9

Revision of the threshold

Section II

Exclusions

Article 15

Notification of information by contracting entities

Article 16

Exclusion of activities which are directly exposed to competition

 

 

TITLE II

Rules on the award of concessions: general principles and procedural guarantees

 

 

CHAPTER I

General principles

Article 30

General principles: paragraph 4

Article 33

Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4

 

 

TITLE IV

Amendments to Directive 89/665/EEC and 92/13/EEC

Article 46

Amendments to Directive 89/665/EEC

Article 47

Amendments to Directive 92/13/EEC

 

 

TITLE V

Delegated powers, implementing powers and final provisions

Article 48

Exercise of the delegation

Article 49

Urgency procedure

Article 50

Committee procedure

Article 51

Transposition

Article 52

Transitional provisions

Article 53

Monitoring and reporting

Article 54

Entry into force

Article 55

Addressees

ANNEX XXIX-N

BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC

of 21 December 1989

on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and No 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts and by Directive 2014/23/EU

(Phase 2)

Article 1

Scope and availability of review procedures

Article 2

Requirements for review procedures

Article 2a

Standstill period

Article 2b

Derogations from the standstill period: point (b) of the first paragraph

Article 2c

Time limits for applying for review

Article 2d

Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3

Article 2e

Infringements of this Directive and alternative penalties

Article 2f

Time limits

ANNEX XXIX-O

OTHER ELEMENTS OF DIRECTIVE 89/665/EEC

(Phase 2)

Article 2b

Derogations from the standstill period: point (c) of the first paragraph

Article 2d

Ineffectiveness: point (c) of the first paragraph, paragraph 5

ANNEX XXIX-P

PROVISIONS OF DIRECTIVE 89/665/EEC OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

Article 2b

Derogations from the standstill period: point (a) of the first paragraph

Article 2d

Ineffectiveness: point (a) of the first paragraph, paragraph 4

Article 3

Corrective mechanism

Article 3a

Content of the notice for voluntary ex ante transparency

Article 3b

Committee procedure

Article 4

Implementation

Article 4a

Review

ANNEX XXIX-Q

BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC

of 25 February 1992

coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors as amended by Directive 2007/66/EC and Directive 2014/23/EU

(Phase 2)

Article 1

Scope and availability of review procedures

Article 2

Requirements for review procedures

Article 2a

Standstill period

Article 2b

Derogations from the standstill period: point (b) of the first paragraph

Article 2c

Time limits for applying for review

Article 2d

Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3

Article 2e

Infringements of this Directive and alternative penalties

Article 2f

Time limits

ANNEX XXIX-R

OTHER ELEMENTS OF DIRECTIVE 92/13/EEC

(Phase 4)

Article 2b

Derogations from the standstill period: point (c) of the first paragraph, paragraph 5

ANNEX XXIX-S

PROVISIONS OF DIRECTIVE 92/13/EEC OUTSIDE THE SCOPE OF APPROXIMATION

The elements listed in this Annex are not subject to the process of approximation.

Article 2b

Derogations from the standstill period: point (a) of the first paragraph

Article 2d

Ineffectiveness: point (a) of the first paragraph, paragraph 4

Article 3a

Content of the notice for voluntary ex ante transparency

Article 3b

Committee procedure

Article 8

Corrective mechanism

Article 12

Implementation

Article 12a

Review

ANNEX XXIX-T

THE REPUBLIC OF MOLDOVA: INDICATIVE LIST OF ISSUES FOR COOPERATION

1.

Training, in the Union and the Republic of Moldova, of officials of the Republic of Moldova from government bodies engaged in public procurement.

2.

Training of suppliers interested in participating in public procurement.

3.

Exchange of information and experience on best practice and regulatory rules in the field of public procurement.

4.

Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring.

5.

Consultations and methodological assistance from the Union in application of modern electronic technologies in the field of public procurement.

6.

Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions (see Article 270 of this Agreement).’.


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