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Document L:2018:244:FULL

Official Journal of the European Union, L 244, 28 September 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 244

European flag  

English edition

Legislation

Volume 61
28 September 2018


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Commission Delegated Regulation (EU) 2018/1298 of 11 July 2018 amending Regulation (EU) No 658/2014 of the European Parliament and of the Council as regards the adjustment to the inflation rate of the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use ( 1 )

1

 

*

Commission Implementing Regulation (EU) 2018/1299 of 26 September 2018 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

4

 

*

Commission Implementing Regulation (EU) 2018/1300 of 27 September 2018 amending and derogating from Regulation (EC) No 2535/2001 as regards import licences for dairy products originating in Norway

6

 

*

Commission Implementing Regulation (EU) 2018/1301 of 27 September 2018 amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae ( 1 )

10

 

*

Commission Implementing Regulation (EU) 2018/1302 of 27 September 2018 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

79

 

 

DECISIONS

 

*

Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken 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 Georgia, of the other part, 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

81

 

*

Commission Decision (EU) 2018/1304 of 19 September 2018 on the proposed citizens' initiative entitled Eat ORIGINal! Unmask your food (notified under document C(2018) 6054)

107

 

*

Commission Implementing Decision (EU) 2018/1305 of 26 September 2018 on the terms and conditions of the authorisation of a biocidal product family containing deltamethrin referred by Sweden in accordance with Article 36 of Regulation (EU) No 528/2012 of the European Parliament and of the Council (notified under document number C(2018) 5503)  ( 1 )

109

 

*

Commission Implementing Decision (EU) 2018/1306 of 27 September 2018 terminating the anti-dumping proceeding concerning imports of certain stainless steel wires originating in India

111

 

*

Commission Implementing Decision (EU) 2018/1307 of 27 September 2018 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (notified under document C(2018) 6382)  ( 1 )

117

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

28.9.2018   

EN

Official Journal of the European Union

L 244/1


COMMISSION DELEGATED REGULATION (EU) 2018/1298

of 11 July 2018

amending Regulation (EU) No 658/2014 of the European Parliament and of the Council as regards the adjustment to the inflation rate of the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 658/2014 of the European Parliament and of the Council of 15 May 2014 on fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use (1), and in particular Article 15(6) thereof,

Whereas:

(1)

In accordance with Article 67(3) of Regulation (EC) No 726/2004 of the European Parliament and of the Council (2), the revenue of the European Medicines Agency consists of a contribution from the Union and fees paid by undertakings for obtaining and maintaining Union marketing authorisations and for other services provided by the Agency, or by the coordination group as regards the fulfilment of its tasks in accordance with Articles 107c, 107e, 107g, 107k and 107q of Directive 2001/83/EC of the European Parliament and of the Council (3).

(2)

The inflation rate of the Union for 2017, as made available by the Statistical Office of the European Union, was 1,7 %. Taking into consideration the level of the inflation rate for that year, it is considered justified to adjust, in accordance with Article 15(6) of Regulation (EU) No 658/2014, the amounts of the fees payable to the European Medicines Agency for the conduct of pharmacovigilance activities in respect of medicinal products for human use.

(3)

For the sake of simplicity, the adjusted amounts should be rounded to the nearest EUR 10, with the exception of the annual fee for information technology systems and literature monitoring where the adjusted level should be rounded to the nearest EUR 1.

(4)

Fees laid down in Regulation (EU) No 658/2014 are due either at the date of the start of the respective procedure or, in the case of the annual fee for information technology systems and literature monitoring, on 1 July of every year. Consequently, the applicable amount will be determined by the due date of the fee and there is no need to set specific transitional provisions for pending procedures.

(5)

According to Article 15(6) of Regulation (EU) No 658/2014, where a delegated act adjusting the amounts of the fees laid down in Parts I to IV of the Annex to that Regulation enters into force before 1 July, the adjustments are to take effect as from 1 July, whereas where it enters into force after 30 June, the adjustments are to take effect from the date of entry into force of the delegated act.

(6)

Regulation (EU) No 658/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 658/2014 is amended as follows:

(1)

in Part I, point 1 is amended as follows:

(a)

‘EUR 19 770’ is replaced by ‘EUR 20 110’;

(b)

‘EUR 13 290’ is replaced by ‘13 520’;

(2)

in Part II, point 1 is amended as follows:

(a)

in the introductory sentence, ‘EUR 43 600’ is replaced by ‘EUR 44 340’;

(b)

point (a) is amended as follows:

(i)

‘EUR 17 440’ is replaced by ‘EUR 17 740’;

(ii)

‘EUR 7 380’ is replaced by ‘EUR 7 510’;

(c)

point (b) is amended as follows:

(i)

‘EUR 26 160’ is replaced by ‘EUR 26 600’;

(ii)

‘EUR 11 070’ is replaced by ‘11 260’;

(3)

in Part III, point 1 is amended as follows:

(a)

the first subparagraph is amended as follows:

(i)

‘EUR 181 510’ is replaced by ‘EUR 184 600’;

(ii)

‘EUR 39 350’ is replaced by ‘EUR 40 020’;

(iii)

‘EUR 299 560’ is replaced by ‘EUR 304 660’;

(b)

the second subparagraph is amended as follows:

(i)

in point (a), ‘EUR 121 000’ is replaced by ‘EUR 123 060’;

(ii)

in point (b), ‘EUR 147 240’ is replaced by ‘EUR 149 740’;

(iii)

in point (c), ‘EUR 173 470’ is replaced by ‘EUR 176 420’;

(iv)

in point (d), ‘EUR 199 700’ is replaced by ‘EUR 203 090’;

(c)

in the fourth subparagraph, point (b) is amended as follows:

(i)

‘EUR 1 010’ is replaced by ‘EUR 1 030’;

(ii)

‘EUR 2 020’ is replaced by ‘EUR 2 050’;

(iii)

‘EUR 3 050’ is replaced by ‘EUR 3 100’;

(4)

in point 1 of Part IV, ‘EUR 68’ is replaced by ‘EUR 69’.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 18 October 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 July 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 189, 27.6.2014, p. 112.

(2)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).

(3)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).


28.9.2018   

EN

Official Journal of the European Union

L 244/4


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1299

of 26 September 2018

amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,

Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,

Whereas:

(1)

Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

(2)

Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

(3)

Regulation (EC) No 1484/95 should therefore be amended accordingly.

(4)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 September 2018.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General

Directorate-General for Agriculture and Rural Development


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  OJ L 150, 20.5.2014, p. 1.

(3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).


ANNEX

ANNEX I

CN code

Description

Representative price

(EUR/100 kg)

Security under Article 3

(EUR/100 kg)

Origin (1)

0207 12 10

Fowls of the species Gallus domesticus, not cut in pieces, presented as “70 % chickens”, frozen

108,6

0

AR

0207 12 90

Fowls of the species Gallus domesticus, not cut in pieces, presented as “65 % chickens”, frozen

139,4

0

AR

0207 14 10

Fowls of the species Gallus domesticus, boneless cuts, frozen

291,5

3

AR

241,4

18

BR

333,2

0

CL

251,8

15

TH

0207 27 10

Turkeys, boneless cuts, frozen

318,3

0

BR

322,0

0

CL

1602 32 11

Preparations of fowls of the species Gallus domesticus, uncooked

277,7

3

BR


(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7).


28.9.2018   

EN

Official Journal of the European Union

L 244/6


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1300

of 27 September 2018

amending and derogating from Regulation (EC) No 2535/2001 as regards import licences for dairy products originating in Norway

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 187 thereof,

Whereas:

(1)

Annex IV to the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (‘the Agreement’), reached on the basis of Article 19 of the Agreement on the European Economic Area and approved by Council Decision (EU) 2018/760 (2), provides for the introduction of new quotas for dairy products.

(2)

The Agreement enters into force on the first day of the third month following the date of the deposit of the last instrument of approval. The last instrument of approval was notified by Norway on 16 July 2018. The new quota quantities will therefore apply from 1 October 2018.

(3)

Article 14(1)(b) of Commission Regulation (EC) No 2535/2001 (3) provides that licence applications lodged from 1 to 10 June may be used for imports during the period from 1 July to 31 December following. A new period for the lodging of applications and the issue of import licences should therefore be introduced for the new quotas opened by the Agreement. In addition, in 2018 the validity period of those licenses should start on their date of issue.

(4)

Section 2 of Chapter I of Title 2 of Regulation (EC) No 2535/2001 provides that applicants for import licences are to be approved in advance by the competent authority of the Member State in which they are established. The relevant requests are to be submitted before 1 April each year. It is necessary to provide for an ad-hoc procedure allowing applicants who have not yet been approved to request for approval for the purposes of the new import quotas opening on 1 October 2018. The relevant derogations form Articles 8, 9 and 10 of Regulation (EC) No 2535/2001 should be provided for.

(5)

Regulation (EC) No 2535/2001 should therefore be amended and derogated from accordingly.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Amendment of Regulation (EC) No 2535/2001

Regulation (EC) No 2535/2001 is amended as follows:

(a)

in Article 5, point (h) is replaced by the following:

‘(h)

the quotas provided for in Annex V to the Agreement between the European Union and the Kingdom of Norway approved by Council Decision 2011/818/EU (*1) and the quotas provided for in Annex IV to the Agreement between the European Union and the Kingdom of Norway approved by Council Decision (EU) 2018/760 (*2) (‘the Agreements with Norway’);

(b)

in Article 19(1), point (g) is replaced by the following:

‘(g)

Rules referred to in point 9 of the Agreements with Norway;’;

(c)

in Annex I, point I.H is replaced by the text in the Annex to this Regulation.

Article 2

Derogations from Regulation (EC) No 2535/2001

1.   By way of derogation from Article 14(1)(b) of Regulation (EC) No 2535/2001, for the quotas bearing order numbers 09.4228 and 09.4229 set out in point I.H of Annex I to that Regulation, an additional allocation period is open in 2018, subject to the following:

(a)

applications for import licences shall be lodged from 1 to 8 October 2018;

(b)

Member States shall notify the Commission, by 15 October 2018, of the total quantities, including nil returns, of all applications, expressed in kilogrammes and broken down by order number;

(c)

import licences shall be issued as of 23 October 2018 until 31 October 2018.

2.   By way of derogation from Article 16(3) of Regulation (EC) No 2535/2001, import licences issued in October 2018 for the quotas referred to in paragraph 1 of this Article shall be valid from their date of issue until 31 December 2018.

3.   By way of derogation from Article 8 of Regulation (EC) No 2535/2001, for imports in the periods from 1 October to 31 December 2018 and from 1 January to 30 June 2019 under the quotas referred to in paragraph 1 of this Article, applicants for import licences who have not yet been approved under Articles 8, 9 and 10 of Regulation (EC) No 2535/2001 shall from 1 to 8 October 2018 submit a request for approval to the competent authorities of the Member State in which they are established and in which they are registered for VAT purposes, accompanied by proof that during both 2017 and 2018 they imported into or exported from the Union at least 25 tonnes of milk products covered by Chapter 04 of the Combined Nomenclature.

4.   By way of derogation from Article 9 of Regulation (EC) No 2535/2001, before 12 October 2018 the competent authorities of the Member States shall inform the applicants of the outcome of the approval procedure referred to in paragraph 3 of this Article and, if approved, of their approval number. The approval shall be valid until 30 June 2019 and shall be considered as valid from 1 October 2018 for the purposes of paragraph 1 of this Article.

5.   By way of derogation from Article 10(1) of Regulation (EC) No 2535/2001, before 19 October 2018 the competent authorities of the Member States shall notify the Commission of their lists of importers that have been approved pursuant to paragraphs 3 and 4 of this Article. That notification shall contain the approval number, name, address, telephone number and email address of the approved importers. The Commission shall forward those lists to the competent authorities of the other Member States.

Article 3

Entry into force and application

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 September 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).

(3)  Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (OJ L 341, 22.12.2001, p. 29).

(*1)  Council Decision 2011/818/EU of 8 November 2011 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area (OJ L 327, 9.12.2011, p. 1).

(*2)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).’;


ANNEX

I.H

TARIFF QUOTAS UNDER THE AGREEMENTS WITH NORWAY

Annual quota from 1 January to 31 December — Quantity in tonnes

Applicable duty: exemption

Quota order number

09.4228

09.4229

09.4179

Description  (*1)

Whey and modified whey, whether or not concentrated or containing added sugar or other sweetening matter

Whey and modified whey, in powder, granules or other solid forms, without added sugar or other sweetening matter, of a protein content ‘nitrogen content × 6,38’ of <= 15 % by weight and a fat content, by weight, of <= 1,5 %

Cheese and curd

Combined Nomenclature code

0404 10

0404 10 02

0406

Quantity for October — December 2018

313

788

Not applicable

Annual quantity for 2019 and following years

1 250

3 150

7 200

Quantity for January — June

625

1 575

3 600

Quantity for July — December

625

1 575

3 600


(*1)  Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential arrangements being determined, within the context of this Annex, by the coverage of the CN codes.’


28.9.2018   

EN

Official Journal of the European Union

L 244/10


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1301

of 27 September 2018

amending Implementing Regulation (EU) 2018/659 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (1), and in particular Article 3(2) and Article 9(1)(c) thereof,

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (2), and in particular Article 17(3) thereof,

Having regard to Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae (3), and in particular Article 2(i), Article 12(1), (4) and (5), Article 13(2), Articles 15, 16, 17 and 19 thereof,

Whereas:

(1)

Directive 2009/156/EC lays down the animal health requirements governing imports into the Union of equidae. It provides that only equidae that come from a third country or part of a third country on a list of third countries drawn up in accordance with that Directive, and accompanied by a health certificate corresponding to a model also drawn up in accordance with that Directive, may be imported into the Union. The health certificate should attest that the equidae comply with the health conditions set out in accordance with that Directive.

(2)

Commission Decisions 92/260/EEC (4), 93/195/EEC (5), 93/196/EEC (6), 93/197/EEC (7), 94/699/EC (8), 95/329/EC, 2003/13/EC (9), 2004/177/EC (10), 2004/211/EC, 2010/57/EU (11) and 2010/471/EU (12) lay down the list of third countries, the relevant animal health conditions and the veterinary certification for the introduction into the Union of equidae and of semen, ova and embryos of equidae. Commission Implementing Regulation (EU) 2018/659 (13) will repeal and replace those Decisions as from 1 October 2018.

(3)

After the adoption of Implementing Regulation (EU) 2018/659, certain of the Commission Decisions relating to the list of third countries and the animal health conditions and veterinary certification for importation of live equidae have been amended.

(4)

In particular, Commission Implementing Decision (EU) 2017/1851 (14) amended Decisions 92/260/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/218 (15) amended Decisions 92/260/EEC, 93/195/EEC and 2004/211/EC, Commission Implementing Decision (EU) 2018/518 (16) amended Decisions 93/195/EEC and 2004/211/EC and Commission Implementing Decision (EU) 2018/1143 (17) amended Decisions 92/260/EEC and 93/197/EEC. Those amendments should now be incorporated in Implementing Regulation (EU) 2018/659.

(5)

Bosnia and Herzegovina has requested to be included in the list of third countries and parts of the territory of third countries from which the entry into the Union of equidae is authorised.. Bosnia and Herzegovina has a satisfactory record of disease reporting to the World Organisation for Animal Health (OIE). The diseases listed in Annex I to Directive 2009/156/EC are notifiable and the last cases of dourine and glanders in Bosnia and Herzegovina were reported in 1952 and 1959 respectively. Bosnia and Herzegovina is recognised by the OIE as free of African horse sickness. Pending a Commission audit, the temporary admission, the re-entry after temporary export and the import of registered horses from Bosnia and Herzegovina should be authorised.

(6)

Kuwait has presented documentation on the approval of a semen collection centre in accordance with the provisions of Article 17(2)(b)(ii) of Directive 92/65/EEC. Following evaluation of the documents, the entry into the Union of semen of animals of the equine species from Kuwait should be authorised.

(7)

Turkey has provided information documenting that the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag have remained free of glanders for more than six months since the outbreak on Büyükada Island, Province of Istanbul, had been notified on 15 December 2017. That country has furthermore implemented measures to reduce the risk of introduction of glanders into those Provinces. As a consequence, temporary admission of registered horses, re-entry of registered horses after temporary export and imports of registered horses as well as transit of equidae from the Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag should be authorised.

(8)

Certain third countries from which entry into the Union of equidae is authorised requested clarification on the statements on glanders and dourine in certain of the relevant health certificates. Following evaluation of their request it appears justified to adjust the wording of those statements.

(9)

Annexes I, II and III to Implementing Regulation (EU) 2018/659 should therefore be amended accordingly.

(10)

In order to allow stakeholders to make their arrangements before Implementing Regulation (EU) 2018/659 will apply, it is necessary to provide that this amending Regulation enters into force on the day after the date of its publication.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2018/659 is amended as follows:

(1)

Annex I is amended in accordance with Annex I to this Regulation.

(2)

Annex II is amended in accordance with Annex II to this Regulation.

(3)

Annex III is amended in accordance with Annex III to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 September 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 268, 24.9.1991, p. 56.

(2)  OJ L 268, 14.9.1992, p. 54.

(3)  OJ L 192, 23.7.2010, p. 1.

(4)  Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses (OJ L 130, 15.5.1992, p. 67).

(5)  Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (OJ L 86, 6.4.1993, p. 1).

(6)  Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter (OJ L 86, 6.4.1993, p. 7).

(7)  Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production (OJ L 86, 6.4.1993, p. 16).

(8)  Commission Decision 94/699/EC of 19 October 1994 providing for less frequent identity and physical checks on the temporary admission of certain equidae from Sweden, Norway and Finland and repealing Decision 93/321/EEC (OJ L 280, 29.10.1994, p. 88).

(9)  Commission Decision 2003/13/EC of 10 January 2003 on the temporary admission of horses participating in the pre-Olympic test event in Greece in 2003 (OJ L 7, 11.1.2003, p. 86).

(10)  Commission Decision 2004/177/EC of 20 February 2004 on the temporary introduction of registered horses participating in the Olympic Games or the Paralympic Games in Greece in 2004 (OJ L 55, 24.2.2004, p. 64).

(11)  Commission Decision 2010/57/EU of 3 February 2010 laying down health guarantees for the transit of equidae being transported through the territories listed in Annex I to Council Directive 97/78/EC (OJ L 32, 4.2.2010, p. 9).

(12)  Commission Decision 2010/471/EU of 26 August 2010 on imports into the Union of semen, ova and embryos of animals of the equine species as regards lists of semen collection and storage centres and embryo collection and production teams and certification requirements (OJ L 228, 31.8.2010, p. 52).

(13)  Commission Implementing Regulation (EU) 2018/659 of 12 April 2018 on the conditions for the entry into the Union of live equidae and of semen, ova and embryos of equidae (OJ L 110, 30.4.2018, p. 1).

(14)  Commission Implementing Decision (EU) 2017/1851 of 11 October 2017 amending Annex II(E) to Decision 92/260/EEC as regards the requirements for African horse sickness of registered horses temporarily admitted from Algeria, Kuwait, Morocco, Oman, Qatar, Tunisia and Turkey, and amending Annex I to Decision 2004/211/EC as regards the entry for the United Arab Emirates in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (OJ L 264, 13.10.2017, p. 20).

(15)  Commission Implementing Decision (EU) 2018/218 of 13 February 2018 amending Annex II to Decision 92/260/EEC as regards temporary admission of registered horses from certain parts of China, amending Decision 93/195/EEC as regards animal health and veterinary certification conditions for the re-entry of registered horses for racing, competition and cultural events after temporary export to China, Mexico and the United States of America, and amending Annex I to Decision 2004/211/EC as regards the entries for China, Mexico and Turkey in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (OJ L 42, 15.2.2018, p. 54).

(16)  Commission Implementing Decision (EU) 2018/518 of 26 March 2018 laying down the animal health and veterinary certification conditions for the re-entry of registered horses for competition after temporary export to Indonesia, amending Annex I to Decision 93/195/EEC as regards the entry for Indonesia and amending Annex I to Decision 2004/211/EC as regards the entry for Indonesia in the list of third countries and parts thereof from which imports into the Union of live equidae and semen, ova and embryos of the equine species are authorised (OJ L 84, 28.3.2018, p. 27).

(17)  Commission Implementing Decision (EU) 2018/1143 of 10 August 2018 amending Decisions 92/260/EEC and 93/197/EEC as regards the testing for equine viral arteritis (OJ L 207, 16.8.2018, p. 58).


ANNEX I

In Annex I to Implementing Regulation (EU) 2018/659, the list of third countries and parts of the territory of third countries for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae is replaced by the following:

List of third countries  (1) and parts of the territory of third countries  (2) for the entry into the Union of consignments of equidae and of semen, ova and embryos of equidae

ISO-Code

Third country

Code of the part of the territory of the third country

Description of the part of the territory of the third country

SG

TA

Re-En

Imports

Imports

Transit

Specific conditions

RH

RH

RH

ES

RE + EBP

SEMEN

O/E

Equidae

 

RH

RE

EBP

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

AE

United Arab Emirates

AE-0

Whole country

E

X

X

X

X

X

X

 

AR

Argentina

AR-0

Whole country

D

X

X

X

X

X

X

X

X

X

X

 

AU

Australia

AU-0

Whole country

A

X

X

X

X

X

X

X

X

X

X

 

BA

Bosnia and Herzegovina

BA-0

Whole country

B

X

X

X

X

 

BB

Barbados

BB-0

Whole country

D

X

X

X

X

X

 

BH

Bahrain

BH-0

Whole country

E

X

X

X

X

 

BM

Bermuda

BM-0

Whole country

D

X

X

X

X

X

 

BO

Bolivia

BO-0

Whole country

D

X

X

X

X

X

 

BR

Brazil

BR-0

Whole country

 

BR-1

The states of:

Rio Grande do Sul, Santa Catarina, Mato Grosso do Sul, Distrito Federal and Rio de Janeiro

D

X

X

X

X

X

 

BY

Belarus

BY-0

Whole country

B

X

X

X

X

X

X

 

CA

Canada

CA-0

Whole country

C

X

X

X

X

X

X

X

X

X

X

 

CH

Switzerland (1)

CH-0

Whole country

A

X

X

X

X

X

X

X

X

X

X

 

CL

Chile

CL-0

Whole country

D

X

X

X

X

X

X

 

CN

China

CN-0

Whole country

 

CN-1

The equine disease-free zone in Conghua City, Guangzhou Municipality, Guangdong Province including the Biosecurity Highway Passage from and to the airport in Guangzhou and Hong Kong (see BOX 1 for details)

G

X

X

X

X

 

CN-2

The venue for the Global Champions Tour at the Expo 2010 No 15 Parking Lot and the passage to the Shanghai Pudong International Airport in the northern part of the Pudong New area and the Eastern part of the Minhang District of the Metropolitan area of Shanghai (see BOX 1 for details)

G

X

Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II

CR

Costa Rica

CR-0

Whole country

 

CR-1

Metropolitan area of San José

D

X

 

CU

Cuba

CU-0

Whole country

D

X

X

X

X

 

DZ

Algeria

DZ-0

Whole country

E

X

X

X

X

X

X

 

EG

Egypt

EG-0

Whole country

 

EG-1

The Equine Disease Free Zone established at the Egyptian Armed Forces Veterinary Hospital at El Nasr road, across Al Ahly Club, Cairo, and the highway passage to Cairo International Airport (see BOX 2 for details)

E

X

X

X

 

FK

Falkland Islands

FK-0

Whole country

A

X

X

X

X

X

 

GL

Greenland

GL-0

Whole country

A

X

X

X

X

X

X

 

HK

Hong Kong

HK-0

Whole country

G

X

X

X

X

 

IL

Israel (3)

IL-0

Whole country

E

X

X

X

X

X

X

X

X

 

IS

Iceland (5)

IS-0

Whole country

A

X

X

X

X

X

X

X

X

X

 

JM

Jamaica

JM-0

Whole country

D

X

X

X

X

 

JO

Jordan

JO-0

Whole country

E

X

X

X

X

 

JP

Japan

JP-0

Whole country

G

X

X

X

X

 

KG

Kyrgyzstan

KG-0

Whole country

 

KG-1

Region of Issyk-Kul

B

X

X

 

KR

Korea Republic

KR-0

Whole country

G

X

X

X

X

 

KW

Kuwait

KW-0

Whole country

E

X

X

X

X

X

 

LB

Lebanon

LB-0

Whole country

E

X

X

X

X

 

MA

Morocco

MA-0

Whole country

E

X

X

X

X

X

X

X

X

X

 

ME

Montenegro

ME-0

Whole country

B

X

X

X

X

X

X

 

MK

fYROM (4)

MK-0

Whole country

B

X

X

X

X

X

X

 

MO

Macao

MO-0

Whole country

G

X

X

X

X

 

MY

Malaysia

MY-0

Whole country

 

MY-1

Peninsula

G

X

X

X

 

X

 

MU

Mauritius

MU-0

Whole country

E

X

X

 

MX

Mexico

MX-0

Whole country

C

 

MX-1

Metropolitan area of Mexico-City

C

X

Only if certified in accordance with Chapter 1 of Section B of Part 2 of Annex II

NO

Norway (5)

NO-1

Whole country

A

X

X

X

X

X

X

X

X

X

X

 

NZ

New Zealand

NZ-0

Whole country

A

X

X

X

X

X

X

 

OM

Oman

OM-0

Whole country

E

X

X

X

 

X

 

PE

Peru

PE-0

Whole country

 

PE-1

Region of Lima

D

X

X

X

 

X

 

PM

St Pierre & Miquelon

PM-0

Whole country

A

X

X

X

 

PY

Paraguay

PY-0

Whole country

D

X

X

X

X

X

X

 

QA

Qatar

QA-0

Whole country

E

X

X

X

X

 

RS

Serbia (6)

RS-0

Whole country

B

X

X

X

X

X

 

 

 

 

X

 

RU

Russia

RU-0

Whole country

 

RU-1

Provinces of Kaliningrad, Arkhangelsk, Vologda, Murmansk, Leningrad, Novgorod, Pskov, Briansk, Vladimir, Ivanovo, Tver, Kaluga, Kostroma, Moskva, Orjol, Riasan, Smolensk, Tula, Jaroslavl, Nijninovgorod, Kirov, Belgorod, Voronesh, Kursk, Lipezk, Tambov, Astrahan, Volgograd, Penza, Saratov, Uljanovsk, Rostov, Orenburg, Perm and Kurgan

B

X

X

X

X

X

X

 

RU-2

Regions of Stavropol and Krasnodar

B

X

X

X

X

X

X

 

RU-3

Republics of Karelia, Marij-El, Mordovia, Chuvachia, Kalmykia, Tatarstan, Dagestan, Kabardino-Balkaria, Severnaya Osetia, Ingushetia and Karachaevo-Cherkesia

B

X

X

X

X

X

X

 

SA

Saudi Arabia

SA-0

Whole country

 

SA-1

Whole country, except SA-2

E

X

X

X

X

X

 

SA-2

Protection and surveillance zones in the provinces of Jizan, Asir and Najran as described in BOX 3

 

SG

Singapore

SG-0

Whole country

G

X

X

X

X

 

TH

Thailand

TH-0

Whole country

G

X

X

X

X

 

TN

Tunisia

TN-0

Whole country

E

X

X

X

X

X

X

 

TR

Turkey

TR-0

Whole country

 

TR-1

Provinces of Ankara, Edirne, Istanbul, Izmir, Kirklareli and Tekirdag

E

X

X

X

X

X

 

UA

Ukraine

UA-0

Whole country

B

X

X

X

X

X

X

X

X

X

 

US

United States of America

US-0

Whole country

C

X

X

X

X

X

X

X

X

X

X

 

UY

Uruguay

UY-0

Whole country

D

X

X

X

X

X

X

X

X

X

 

ZA

South Africa

ZA-0

Whole country

 

ZA-1

Metropolitan area of Cape-Town (see BOX 4 for details)

F

Commission Decision 2008/698/EC


(1)  Without prejudice to specific certification requirements provided for in Decision 2002/309/EC, Euratom of the Council, and of the Commission.

(2)  Where official regionalisation applies in accordance with Article 13(2)(a) of Directive 2009/156/EC.

(3)  Hereinafter understood as the State of Israel, excluding the territories under Israeli administration since June 1967, namely the Golan Heights, the Gaza Strip, East Jerusalem and the rest of the West Bank.

(4)  The former Yugoslav Republic of Macedonia - the definitive nomenclature for this country will be agreed following current negotiations at UN level.

(5)  Without prejudice to specific certification requirements provided for in Article 17 of the Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3).

(6)  Excluding Kosovo as defined by United Nations Security Council Resolution 1244 of 10 June 1999.’


ANNEX II

In Annex II to Implementing Regulation (EU) 2018/659, Parts 1, 2 and 3 are replaced by the following:

‘PART 1

Temporary admission and transit

Section A

Model health certificate and model declaration for the temporary admission of registered horses into the Union for a period of less than 90 days

Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image

Section B

Model health certificate and model declaration for the transit of live equidae through the Union from one third country or part of the territory of a third country to another third country or another part of the territory of the same third country

Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image

PART 2

Re-entry after temporary export

Section A

Model health certificate and model declaration for the re-entry into the Union of registered horses for racing, competition and cultural events after temporary export for a period of not more than 30 days

Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image

Section B

Model health certificates and model declarations applicable to re-entry into the Union of registered horses temporarily exported for specific competitions or races

Chapter 1

Model health certificate and model declaration applicable to re-entry into the Union of registered horses for competition after temporary export for a period of not more than 90 days to participate in equestrian events organised under the auspices of the Fédération Equestre Internationale (FEI)

(Test event in preparation of the Olympic Games, Olympic Games, Paralympics, World Equestrian Games, Asian Equestrian Games, American Equestrian Games, Endurance World Cup in United Arab Emirates)

Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image

Chapter 2

Model health certificate and model declaration applicable to re-entry into the Union of registered horses for racing after temporary export for a period of not more than 90 days to participate in specific race events in Australia, Canada, the United States of America, Hong Kong, Japan, Singapore, the United Arab Emirates or Qatar

(International Group/Grade meetings, the Japan Cup, the Melbourne Cup, the Dubai Racing World-Cup, the Hong Kong International Races)

Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image

PART 3

Imports

Section A

Model health certificates and model declaration for imports into the Union of an individual registered horse, registered equine animal or equine animal for breeding and production

Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image

Section B

Model health certificate and model declaration for imports into the Union of consignments of domestic equidae for slaughter

Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image Image Text of image

ANNEX III

In Annex III to Implementing Regulation (EU) 2018/659, Part 2 is amended as follows:

(1)

in Section A, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section A’;

(2)

in Section B, the words ‘Equine ova/embryos’ in the header of Part II of the model health certificate are replaced by ‘Equine ova/embryos - Section B’.


28.9.2018   

EN

Official Journal of the European Union

L 244/79


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1302

of 27 September 2018

amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,

Whereas:

(1)

Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

(2)

On 24 September 2018, the Sanctions Committee of the United Nations Security Council decided to remove three entries from the list of persons or entities to whom the freezing of funds and economic resources should apply.

(3)

Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 September 2018.

For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments


(1)  OJ L 169, 8.7.2003, p. 6.


ANNEX

In Annex III to Regulation (EC) No 1210/2003, the following entries are deleted:

‘61.

IRAQI FAIRS ADMINISTRATION. Address: Baghdad International Fair, Al Mansour, P.O. Box 6188, Baghdad, Iraq.’

‘151.

STATE ENTERPRISE FOR SHOPPING CENTRES. Addresses: (a) P.O. Box 3095, Al Wahda District, Khalid Bin Al Waleed St., Baghdad, Iraq; (b) P.O. Box 3095, Andalus Square, Baghdad, Iraq.’

‘195.

STATE TRADING COMPANY FOR CONSTRUCTION MATERIALS. Addresses: (a) P.O. Box 602-5720, Baghdad, Iraq; (b) Al-Karradah Al Sharkiya, P.O. Box 5720, Baghdad, Iraq.’

DECISIONS

28.9.2018   

EN

Official Journal of the European Union

L 244/81


COUNCIL DECISION (EU) 2018/1303

of 18 September 2018

on the position to be taken 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 Georgia, of the other part, 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 COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and the first subparagraph 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 Georgia, of the other part (1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2016/838 (2) and entered into force on 1 July 2016.

(2)

Pursuant to Article 406(3) of the Agreement, the Association Council has 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 Decision No 3/2014 of the Association Council (3), 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 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, Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.

(6)

Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusion of negotiations of the Agreement. It is necessary to update those 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 position to be taken on behalf of the Union in the Association Committee 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.

(8)

It is appropriate to publish in the Official Journal of the European Union, after their adoption, the decisions of the Association Committee in Trade configuration updating 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,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf within the Association Committee in Trade configuration shall be based on the following draft Decisions of the Association Committee in Trade configuration attached to this Decision:

(a)

Decision No 1/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology;

(b)

Decision No 2/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex XVI to the Agreement (public procurement).

Article 2

After their adoption, the Decisions of the Association Committee in Trade configuration referred to in Article 1 shall be published in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Commission.

Done at Brussels, 18 September 2018.

For the Council

The President

G. BLÜMEL


(1)  OJ L 261, 30.8.2014, p. 4.

(2)  Council Decision (EU) 2016/838 of 23 May 2016 on the conclusion, on behalf of the European Union, 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 (OJ L 141, 28.5.2016, p. 26).

(3)  Decision No 3/2014 of the EU-Georgia Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263] (OJ L 321, 5.12.2015, p. 72.).


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, 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 is to 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 Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.

(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.

(5)

In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety and replaced.

(6)

It is appropriate to provide for a period for Georgia 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 should be 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 replaced by the text appearing in the Annex to this Decision.

Article 2

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

Done at …,

For the Association Committee in Trade configuration

The Chair

ANNEX

ANNEX III-A

LIST OF SECTORAL LEGISLATION FOR APPROXIMATION

The following list reflects Georgia's priorities with regard to the approximation of the Union'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 of 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 of 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 of 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 of 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 of 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 of 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 of 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 of 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 of 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 of 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 of 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 of 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 of 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 of the entry into force of this Agreement

16.

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

Timetable: within five years of 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 of 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 of 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 of 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 of the entry into force 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. 17.

(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 157, 9.6.2006, p. 24.

(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.


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, and in particular Article 142, Article 146 and Article 408 thereof,

Having regard to Decision No 3/2014 of the Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (1),

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 that such revision is to be adopted by a decision of the Association Committee in Trade configuration.

(3)

Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration.

(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 for 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 (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).

(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 Articles 142 and 146 of the Agreement.

(7)

In the interest of clarity, Annex XVI should be updated in its entirety and replaced,

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 replaced by the text appearing in the Annex to this Decision.

Article 2

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

Done at …,

For the Association Committee in Trade configuration

The Chair


(1)  OJ L 321, 5.12.2015, p. 72.

(2)  OJ L 94, 28.3.2014, p. 1.

(3)  OJ L 94, 28.3.2014, p. 65.

(4)  OJ L 94, 28.3.2014, p. 243.

ANNEX

ANNEX XVI

PUBLIC PROCUREMENT

 

ANNEX XVI-A

THRESHOLDS

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 THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (1)

(Phase 2)

TITLE I

SCOPE, DEFINITIONS AND GENERAL PRINCIPLES

CHAPTER I

Scope and definitions

Section 1

Subject-matter and definitions

Article 1

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

Article 2

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

Article 3

Mixed procurement

Section 2

Thresholds

Article 4

Threshold amounts

Article 5

Methods for calculating the estimated value of procurement

Section 3

Exclusions

Article 7

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

Article 8

Specific exclusions in the field of electronic communications

Article 9

Public contracts awarded and design contests organised pursuant to international rules

Article 10

Specific exclusions for service contracts

Article 11

Service contracts awarded on the basis of an exclusive right

Article 12

Public contracts between entities within the public sector

Section 4

Specific situations

Subsection 1:

Subsidised contracts and research and development services

Article 13

Contracts subsidised by contracting authorities

Article 14

Research and development services

Subsection 2:

Procurement involving defence and security aspects

Article 15

Defence and security

Article 16

Mixed procurement involving defence or security aspects

Article 17

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

CHAPTER II

General Rules

Article 18

Principles of procurement

Article 19

Economic operators

Article 21

Confidentiality

Article 22

Rules applicable to communication: paragraphs 2-6

Article 23

Nomenclatures

Article 24

Conflicts of interest

TITLE II

RULES ON PUBLIC CONTRACTS

CHAPTER I

Procedures

Article 26

Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6

Article 27

Open procedure

Article 28

Restricted procedure

Article 29

Competitive procedure with negotiation

Article 32

Use of the negotiated procedure without prior publication

CHAPTER III

Conduct of the procedure

Section 1

Preparation

Article 40

Preliminary market consultations

Article 41

Prior involvement of candidates or tenderers

Article 42

Technical specifications

Article 43

Labels

Article 44

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

Article 45

Variants

Article 46

Division of contracts into lots

Article 47

Setting time limits

Section 2

Publication and transparency

Article 48

Prior information notices

Article 49

Contract notices

Article 50

Contract award notices: paragraphs 1 and 4

Article 51

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

Article 53

Electronic availability of procurement documents

Article 54

Invitations to candidates

Article 55

Informing candidates and tenderers

Section 3

Choice of participants and award of contracts

Article 56

General principles

Subsection 1:

Criteria for qualitative selection

Article 57

Exclusion grounds

Article 58

Selection criteria

Article 59

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

Article 60

Means of proof

Article 62

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

Article 63

Reliance on the capacities of other entities

Subsection 2:

Reduction of numbers of candidates, tenders and solutions

Article 65

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

Article 66

Reduction of the number of tenders and solutions

Subsection 3:

Award of the contract

Article 67

Contract award criteria

Article 68

Life-cycle costing: paragraphs 1 and 2

Article 69

Abnormally low tenders: paragraphs 1-4

CHAPTER IV

Contract performance

Article 70

Conditions for performance of contracts

Article 71

Subcontracting

Article 72

Modification of contracts during their term

Article 73

Termination of contracts

TITLE III

PARTICULAR PROCUREMENT REGIMES

CHAPTER I

Social and other specific services

Article 74

Award of contracts for social and other specific services

Article 75

Publication of notices

Article 76

Principles of awarding contracts

ANNEXES

 

ANNEX II

LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)

ANNEX III

LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED BY 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 COUNCIL DIRECTIVE 89/665/EEC (2)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (3) and Directive 2014/23/EU of the European Parliament and of the Council (4) (5)

(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

 

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 THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (6)

(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 sectors

Article 18

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

Article 19

Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1

Article 20

Contracts awarded and design contests organised pursuant to international rules

Article 21

Specific exclusions for service contracts

Article 22

Service contracts awarded on the basis of an exclusive right

Article 23

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

Subsection 2:

Procurement involving defence and security aspects

Article 24

Defence and security

Article 25

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

Article 26

Procurement covering several activities and involving defence or security aspects

Article 27

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

Subsection 3:

Special relations (cooperation, affiliated undertakings and joint ventures)

Article 28

Contracts between contracting authorities

Article 29

Contracts awarded to an affiliated undertaking

Article 30

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

Subsection 4:

Specific situations

Article 32

Research and development services

CHAPTER IV

General principles

Article 36

Principles of procurement

Article 37

Economic operators

Article 39

Confidentiality

Article 40

Rules applicable to communication

Article 41

Nomenclatures

Article 42

Conflicts of interest

TITLE II

RULES APPLICABLE TO CONTRACTS

CHAPTER I

Procedures

Article 44

Choice of procedures: paragraphs 1, 2, 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, 4

Article 71

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

Article 73

Electronic availability of procurement documents

Article 74

Invitations to candidates

Article 75

Informing applicants for qualification, candidates and tenderers

Section 3

Choice of participants and award of contracts

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

 

Part A

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

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 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 (7)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (8) and Directive 2014/23/EU of the European Parliament and of the Council (9) (10)

(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

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 XVI-G

(Phase 4)

I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (11)

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, points (14) and (16))

CHAPTER II

General rules

Article 20

Reserved contracts

TITLE II

RULES ON PUBLIC CONTRACTS

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 37

Centralised purchasing activities and central purchasing bodies

CHAPTER III

Conduct of the procedure

Section 3

Choice of participants and award of contracts

Subsection 1:

Criteria for qualitative selection

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

II.   NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (12)

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 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (13)

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))

CHAPTER II

General rules

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 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (14)

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

Section IV

Specific situations

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 XVI-I

OTHER ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC (15)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (16) and Directive 2014/23/EU of the European Parliament and of the Council (17)

(Phase 4)

Article 2b

Derogations from the standstill period

 

Point (c) of the first paragraph

Article 2d

Ineffectiveness

 

Point (c) of paragraph 1

 

Paragraph 5

ANNEX XVI-J

(Phase 5)

I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (18)

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 II

Techniques and instruments for electronic and aggregated procurement

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 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (19)

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 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

Decisions 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 COUNCIL DIRECTIVE 92/13/EEC (20)

as amended by Directive 2007/66/EC of the European Parliament and of the Council (21) and Directive 2014/23/EU of the European Parliament and of the Council (22)

(Phase 5)

Article 2b

Derogations from the standstill period

 

Point (c) of the first paragraph

Article 2d

Ineffectiveness

 

Point (c) of paragraph 1

 

Paragraph 5

ANNEX XVI-L

I.   PROVISIONS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (23) 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

Subsection 1:

Criteria for qualitative selection

Article 61

Online repository of certificates (e-Certis)

Article 62

Quality assurance standards and environmental management standards: paragraph 3

Subsection 3:

Award of the Contract

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 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (24) 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 DIRECTIVES 89/665/EEC AND 92/13/EEC

Article 46

Amendments to Directive 89/665/EEC