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Document 22016D2028

    Decision No 2/2016 of the EU-Republic of Moldova Association Committee in Trade configuration of 19 October 2016 updating Annex XXIX to the Association Agreement [2016/2028]

    OJ L 313, 19.11.2016, p. 36–58 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/dec/2016/2028/oj

    19.11.2016   

    EN

    Official Journal of the European Union

    L 313/36


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

    of 19 October 2016

    updating Annex XXIX to the Association Agreement [2016/2028]

    THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,

    Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, and in particular Articles 269, 273 and 436 thereof,

    Whereas:

    (1)

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

    (2)

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

    (3)

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

    (4)

    Several Union acts listed in Annex XXIX to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013.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

    (a)

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

    (b)

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

    (c)

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

    (5)

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

    (6)

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

    (7)

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

    (8)

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

    HAS ADOPTED THIS DECISION:

    Article 1

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

    Article 2

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

    Done at Brussels, 19 October 2016.

    For the Association Committee in Trade configuration

    P. SOURMELIS

    The Chair


    (1)   OJ L 260, 30.8.2014, p. 4.

    (2)   OJ L 94, 28.3.2014, p. 1.

    (3)   OJ L 94, 28.3.2014, p. 65.

    (4)   OJ L 94, 28.3.2014, p. 243.


    ANNEX

    Annex XXIX to the Agreement is replaced by the following:

    ‘ANNEX XXIX

    PUBLIC PROCUREMENT

    ‘ANNEX XXIX-A

    THRESHOLDS

    1.

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

    (a)

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

    (b)

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

    (c)

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

    (d)

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

    (e)

    EUR 5 186 000 in the case of concessions;

    (f)

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

    (g)

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

    (h)

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

    2.

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

    ‘ANNEX XXIX-B

    Indicative time schedule for institutional reform, approximation and market access

    Phase

     

    Indicative time schedule

    Market access granted to the EU by the Republic of Moldova

    Market access granted to the Republic of Moldova by the EU

     

    1

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

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

    9 months after the entry into force of this Agreement

    Supplies for central government authorities

    Supplies for central government authorities

     

    2

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

    5 years after the entry into force of this Agreement

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

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

    Annexes XXIX-C and XXIX-N

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

    5 years after the entry into force of this Agreement

    Supplies for all contracting entities in the utilities sector

    Supplies for all contracting entities

    Annexes XXIX-G and XXIX-Q

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

    5 years after the entry into force of this Agreement

    Service and works contracts for all contracting authorities

    Service and works contracts for all contracting authorities

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

    3

    Approximation and implementation of Directive 2014/23/EU

    6 years after the entry into force of this Agreement

    Concessions for all contracting authorities

    Concessions for all contracting authorities

    Annexes XXIX-K and XXIX-L

    4

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

    8 years after the entry into force of this Agreement

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

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

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

    ‘ANNEX XXIX-C

    Basic elements of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC

    (Phase 2)

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Scope and definitions

    Section 1

    Subject-matter and definitions

    Article 1

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

    Article 2

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

    Article 3

    Mixed procurement

    Section 2

    Thresholds

    Article 4

    Threshold amounts

    Article 5

    Methods for calculating the estimated value of procurement

    Section 3

    Exclusions

    Article 7

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

    Article 8

    Specific exclusions in the field of electronic communications

    Article 9

    Public contracts awarded and design contests organised pursuant to international rules

    Article 10

    Specific exclusions for service contracts

    Article 11

    Service contracts awarded on the basis of an exclusive right

    Article 12

    Public contracts between entities within the public sector

    Section 4

    Specific situations

    Subsection 1

    Subsidised contracts and research and development services

    Article 13

    Contracts subsidised by contracting authorities

    Article 14

    Research and development services

    Subsection 2

    Procurement involving defence and security aspects

    Article 15

    Defence and security

    Article 16

    Mixed procurement involving defence or security aspects

    Article 17

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

     

     

    CHAPTER II

    General rules

    Article 18

    Principles of procurement

    Article 19

    Economic operators

    Article 21

    Confidentiality

    Article 22

    Rules applicable to communication: paragraphs 2-6

    Article 23

    Nomenclatures

    Article 24

    Conflicts of interest

     

     

    TITLE II

    Rules on public contracts

     

     

    CHAPTER I

    Procedures

    Article 26

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

    Article 27

    Open procedure

    Article 28

    Restricted procedure

    Article 29

    Competitive procedure with negotiation

    Article 32

    Use of the negotiated procedure without prior publication

     

     

    CHAPTER III

    Conduct of the procedure

    Section 1

    Preparation

    Article 40

    Preliminary market consultations

    Article 41

    Prior involvement of candidates or tenderers

    Article 42

    Technical specifications

    Article 43

    Labels

    Article 44

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

    Article 45

    Variants

    Article 46

    Division of contracts into lots

    Article 47

    Setting time limits

    Section 2

    Publication and transparency

    Article 48

    Prior information notices

    Article 49

    Contract notices

    Article 50

    Contract award notices: paragraphs 1 and 4

    Article 51

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

    Article 53

    Electronic availability of procurement documents

    Article 54

    Invitations to candidates

    Section 3

    Choice of participants and award of contracts

    Article 56

    General principles

    Subsection 1

    Criteria for qualitative selection

    Article 57

    Exclusion grounds

    Article 58

    Selection criteria

    Article 59

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

    Article 60

    Means of proof

    Article 62

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

    Article 63

    Reliance on the capacities of other entities

    Subsection 2

    Reduction of numbers of candidates, tenders and solutions

    Article 65

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

    Article 66

    Reduction of the number of tenders and solutions

    Subsection 3

    Award of the contract

    Article 67

    Contract award criteria

    Article 68

    Life-cycle costing: paragraphs 1 and 2

    Article 69

    Abnormally low tenders: paragraphs 1-4

     

     

    CHAPTER IV

    Contract performance

    Article 70

    Conditions for performance of contracts

    Article 71

    Subcontracting

    Article 72

    Modification of contracts during their term

    Article 73

    Termination of contracts

     

     

    TITLE III

    Particular procurement regimes

     

     

    CHAPTER I

    Social and other specific services

    Article 74

    Award of contracts for social and other specific services

    Article 75

    Publication of notices

    Article 76

    Principles of awarding contracts

     

     

    ANNEXES

    Annex II

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

    Annex III

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

    Annex IV

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

    Annex V

    Information to be included in notices

     

    Part A

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

     

    Part B

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

     

    Part C

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

     

    Part D

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

     

    Part G

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

     

    Part H

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

     

    Part I

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

     

    Part J

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

    Annex VII

    Definition of certain technical specifications

    Annex IX

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

    Annex X

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

    Annex XII

    Means of proof of selection criteria

    Annex XIV

    Services referred to in Article 74

    ‘ANNEX XXIX-D

    Other mandatory elements of Directive 2014/24/EU

    (Phase 2)

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Scope and definitions

    Section 1

    Subject-matter and definitions

    Article 2

    Definitions: point (21) of paragraph 1

    Article 22

    Rules applicable to communication: paragraph 1

     

     

    TITLE II

    Rules on public contracts

     

     

    CHAPTER I

    Procedures

    Article 26

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

    Article 30

    Competitive dialogue

    Article 31

    Innovation partnership

     

     

    CHAPTER II

    Techniques and instruments for electronic and aggregated procurement

    Article 33

    Framework agreements

    Article 34

    Dynamic purchasing systems

    Article 35

    Electronic auctions

    Article 36

    Electronic catalogues

    Article 38

    Occasional joint procurement

     

     

    CHAPTER III

    Conduct of the procedure

    Section 2

    Publication and transparency

    Article 50

    Contract award notices: paragraphs 2 and 3

     

     

    TITLE III

    Particular procurement regimes

     

     

    CHAPTER II

    Rules governing design contests

    Article 78

    Scope

    Article 79

    Notices

    Article 80

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

    Article 81

    Composition of the jury

    Article 82

    Decisions of the jury

     

     

    ANNEXES

    Annex V

    Information to be included in notices

     

    Part E

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

     

    Part F

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

    Annex VI

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

    ‘ANNEX XXIX-E

    Other non-mandatory elements of Directive 2014/24/EU

    (Phase 2)

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

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Scope and definitions

    Section 1

    Subject-matter and definitions

    Article 2

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

    Article 20

    Reserved contracts

     

     

    CHAPTER II

    Techniques and instruments for electronic and aggregated procurement

    Article 37

    Centralised purchasing activities and central purchasing bodies

     

     

    CHAPTER III

    Conduct of the procedure

    Section 3

    Choice of participants and award of contracts

    Article 64

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

     

     

    TITLE III

    Particular procurement regimes

     

     

    CHAPTER I

    Social and other specific services

    Article 77

    Reserved contracts for certain services

    ‘ANNEX XXIX-F

    Provisions of Directive 2014/24/EU outside the scope of approximation

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

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Scope and definitions

    Section 1

    Subject-matter and definitions

    Article 1

    Subject-matter and scope: paragraphs 3 and 4

    Article 2

    Definitions: paragraph 2

    Section 2

    Thresholds

    Article 6

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

     

     

    TITLE II

    Rules on public contracts

     

     

    CHAPTER I

    Procedures

    Article 25

    Conditions relating to the GPA and other international agreements

     

     

    CHAPTER II

    Techniques and instruments for electronic and aggregated procurement

    Article 39

    Procurement involving contracting authorities from different Member States

     

     

    CHAPTER III

    Conduct of the procedure

    Section 1

    Preparation

    Article 44

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

    Section 2

    Publication and transparency

    Article 51

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

    Article 52

    Publication at national level

    Section 3

    Choice of participants and award of contracts

    Article 61

    Online repository of certificates (e-Certis)

    Article 62

    Quality assurance standards and environmental management standards: paragraph 3

    Article 68

    Life-cycle costing: paragraph 3

    Article 69

    Abnormally low tender: paragraph 5

     

     

    TITLE IV

    Governance

    Article 83

    Enforcement

    Article 84

    Individual reports on procedures for the award of contracts

    Article 85

    National reporting and statistical information

    Article 86

    Administrative cooperation

     

     

    TITLE V

    Delegated powers, implementing powers and final provisions

    Article 87

    Exercise of the delegation

    Article 88

    Urgency procedure

    Article 89

    Committee procedure

    Article 90

    Transposition and transitional provisions

    Article 91

    Repeals

    Article 92

    Review

    Article 93

    Entry into force

    Article 94

    Addressees

     

     

    ANNEXES

    Annex I

    Central government authorities

    Annex VIII

    Features concerning publication

    Annex XI

    Registers

    Annex XIII

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

    Annex XV

    Correlation table

    ‘ANNEX XXIX-G

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

    (Phase 2)

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Subject-matter and definitions

    Article 1

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

    Article 2

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

    Article 3

    Contracting authorities: paragraphs 1 and 4

    Article 4

    Contracting entities: paragraphs 1-3

    Article 5

    Mixed procurement covering the same activity

    Article 6

    Procurement covering several activities

     

     

    CHAPTER II

    Activities

    Article 7

    Common provisions

    Article 8

    Gas and heat

    Article 9

    Electricity

    Article 10

    Water

    Article 11

    Transport services

    Article 12

    Ports and airports

    Article 13

    Postal services

    Article 14

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

     

     

    CHAPTER III

    Material scope

    Section 1

    Thresholds

    Article 15

    Threshold amounts

    Article 16

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

    Section 2

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

    Subsection 1

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

    Article 18

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

    Article 20

    Contracts awarded and design contests organised pursuant to international rules

    Article 21

    Specific exclusions for service contracts

    Article 22

    Service contracts awarded on the basis of an exclusive right

    Article 23

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

    Subsection 2

    Procurement involving defence and security aspects

    Article 24

    Defence and security

    Article 25

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

    Article 26

    Procurement covering several activities and involving defence or security aspects

    Article 27

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

    Subsection 3

    Special relations (cooperation, affiliated undertakings and joint ventures)

    Article 28

    Contracts between contracting authorities

    Article 29

    Contracts awarded to an affiliated undertaking

    Article 30

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

    Subsection 4

    Specific situations

    Article 32

    Research and development services

     

     

    CHAPTER IV

    General principles

    Article 36

    Principles of procurement

    Article 37

    Economic operators

    Article 39

    Confidentiality

    Article 40

    Rules applicable to communication

    Article 41

    Nomenclatures

    Article 42

    Conflicts of interest

     

     

    TITLE II

    Rules applicable to contracts

     

     

    CHAPTER I

    Procedures

    Article 44

    Choice of procedures: paragraphs 1, 2 and 4

    Article 45

    Open procedure

    Article 46

    Restricted procedure

    Article 47

    Negotiated procedure with prior call for competition

    Article 50

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

     

     

    CHAPTER III

    Conduct of the procedure

    Section 1

    Preparation

    Article 58

    Preliminary market consultations

    Article 59

    Prior involvement of candidates or tenderers

    Article 60

    Technical specifications

    Article 61

    Labels

    Article 62

    Test reports, certification and other means of proof

    Article 63

    Communication of technical specifications

    Article 64

    Variants

    Article 65

    Division of contracts into lots

    Article 66

    Setting time limits

    Section 2

    Publication and Transparency

    Article 67

    Periodic indicative notices

    Article 68

    Notices on the existence of a qualification system

    Article 69

    Contract notices

    Article 70

    Contract award notices: paragraphs 1, 3 and 4

    Article 71

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

    Article 73

    Electronic availability of procurement documents

    Article 74

    Invitations to candidates

    Article 75

    Informing applicants for qualification, candidates and tenderers

    Section 3

    Choice of participants and award of contract

    Article 76

    General principles

    Subsection 1

    Qualification and qualitative selection

    Article 78

    Criteria for qualitative selection

    Article 79

    Reliance on the capacities of other entities: paragraph 2

    Article 80

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

    Article 81

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

    Subsection 2

    Award of the contract

    Article 82

    Contract award criteria

    Article 83

    Life-cycle costing: paragraphs 1 and 2

    Article 84

    Abnormally low tenders: paragraphs 1-4

     

     

    CHAPTER IV

    Contract performance

    Article 87

    Conditions for performance of contracts

    Article 88

    Subcontracting

    Article 89

    Modification of contracts during their term

    Article 90

    Termination of contracts

     

     

    TITLE III

    Particular procurement regimes

     

     

    CHAPTER I

    Social and other specific services

    Article 91

    Award of contracts for social and other specific services

    Article 92

    Publication of notices

    Article 93

    Principles of awarding contracts

     

     

    ANNEXES

    Annex I

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

    Annex V

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

    Annex VI part A

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

    Annex VI part B

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

    Annex VIII

    Definition of certain technical specifications

    Annex IX

    Features concerning publication

    Annex X

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

    Annex XI

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

    Annex XII

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

    Annex XIII

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

    Annex XIV

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

    Annex XVI

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

    Annex XVII

    Services referred to in Article 91

    Annex XVIII

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

    ‘ANNEX XXIX-H

    Other mandatory elements of Directive 2014/25/EU

    (Phase 4)

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Subject-matter and definitions

    Article 2

    Definitions: point (17)

     

     

    CHAPTER III

    Material scope

    Section 1

    Thresholds

    Article 16

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

     

     

    TITLE II

    Rules applicable to contracts

     

     

    CHAPTER I

    Procedures

    Article 44

    Choice of procedures: paragraph 3

    Article 48

    Competitive dialogue

    Article 49

    Innovation partnership

    Article 50

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

     

     

    CHAPTER II

    Techniques and instruments for electronic and aggregated procurement

    Article 51

    Framework agreements

    Article 52

    Dynamic purchasing systems

    Article 53

    Electronic auctions

    Article 54

    Electronic catalogues

    Article 56

    Occasional joint procurement

     

     

    CHAPTER III

    Conduct of the procedure

    Section 2

    Publication and transparency

    Article 70

    Contract award notices: paragraph 2

    Section 3

    Choice of participants and award of contracts

    Subsection 1

    Qualification and qualitative selection

    Article 77

    Qualification systems

    Article 79

    Reliance on the capacities of other entities: paragraph 1

     

     

    TITLE III

    Particular procurement regimes

     

     

    CHAPTER II

    Rules governing design contests

    Article 95

    Scope

    Article 96

    Notices

    Article 97

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

    Article 98

    Decision of the jury

     

     

    ANNEXES

    Annex VII

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

    Annex XIX

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

    Annex XX

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

    ‘ANNEX XXIX-I

    Other non-mandatory elements of Directive 2014/25/EU

    (Phase 4)

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

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Subject-matter and definitions

    Article 2

    Definitions: points (10)-(12)

     

     

    CHAPTER IV

    General principles

    Article 38

    Reserved contracts

     

     

    TITLE II

    Rules applicable to contracts

     

     

    CHAPTER I

    Procedures

    Article 55

    Centralised purchasing activities and central purchasing bodies

     

     

    TITLE III

    Particular procurement regimes

     

     

    CHAPTER I

    Social and other specific services

    Article 94

    Reserved contracts for certain services

    ‘ANNEX XXIX-J

    Provisions of Directive 2014/25/EU outside the scope of approximation

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

    TITLE I

    Scope, definitions and general principles

     

     

    CHAPTER I

    Subject-matter and definitions

    Article 1

    Subject matter and scope: paragraphs 3 and 4

    Article 3

    Contracting authorities: paragraphs 2 and 3

    Article 4

    Contracting entities: paragraph 4

     

     

    CHAPTER III

    Material scope

    Section 1

    Thresholds

    Article 17

    Revision of the thresholds

    Section 2

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

    Subsection 1

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

    Article 18

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

    Article 19

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

    Subsection 3

    Special relations (cooperation, affiliated undertakings and joint ventures)

    Article 31

    Notification of information

    Subsection 4

    Specific situations

    Article 33

    Contracts subject to special arrangements

    Subsection 5

    Activities directly exposed to competition and procedural provisions relating thereto

    Article 34

    Activities directly exposed to competition

    Article 35

    Procedure for establishing whether Article 34 is applicable

     

     

    TITLE II

    Rules applicable to contracts

     

     

    CHAPTER I

    Procedures

    Article 43

    Conditions relating to the GPA and other international agreements

     

     

    CHAPTER II

    Techniques and instruments for electronic and aggregated procurement

    Article 57

    Procurement involving contracting entities from different Member States

     

     

    CHAPTER III

    Conduct of the procedure

    Section 2

    Publication and transparency

    Article 71

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

    Article 72

    Publication at national level

    Section 3

    Choice of participants and award of contract

    Article 81

    Quality assurance standards and environmental management standards: paragraph 3

    Article 83

    Life-cycle costing: paragraph 3

    Section 4

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

    Article 85

    Tenders comprising products originating in third countries

    Article 86

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

     

     

    TITLE IV

    Governance

    Article 99

    Enforcement

    Article 100

    Individual reports on procedures for the award of contracts

    Article 101

    National reporting and statistical information

    Article 102

    Administrative cooperation

     

     

    TITLE V

    Delegated powers, implementing powers and final provisions

    Article 103

    Exercise of the delegation

    Article 104

    Urgency procedure

    Article 105

    Committee procedure

    Article 106

    Transposition and transitional provisions

    Article 107

    Repeal

    Article 108

    Review

    Article 109

    Entry into force

    Article 110

    Addressees

     

     

    ANNEXES

    Annex II

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

    Annex III

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

    Annex IV

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

    Annex XV

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

    ‘ANNEX XXIX-K

    Basic elements of Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts

    (Phase 3)

    TITLE I

    Subject-matter, scope, principles and definitions

     

     

    CHAPTER I

    Scope, general principles and definitions

    Section I

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

    Article 1

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

    Article 2

    Principle of free administration by public authorities

    Article 3

    Principle of equal treatment, non-discrimination and transparency

    Article 4

    Freedom to define services of general economic interest

    Article 5

    Definitions

    Article 6

    Contracting authorities: paragraphs 1 and 4

    Article 7

    Contracting entities

    Article 8

    Threshold and methods for calculating the estimated value of concessions

    Section II

    Exclusions

    Article 10

    Exclusions applicable to concessions awarded by contracting authorities and contracting entities

    Article 11

    Specific exclusions in the field of electronic communications

    Article 12

    Specific exclusions in the field of water

    Article 13

    Concessions awarded to an affiliated undertaking

    Article 14

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

    Article 17

    Concessions between entities within the public sector

    Section III

    General provisions

    Article 18

    Duration of the concession

    Article 19

    Social and other specific services

    Article 20

    Mixed contracts

    Article 21

    Mixed procurement contracts involving defence or security aspects

    Article 22

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

    Article 23

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

    Article 25

    Research and development services

     

     

    CHAPTER II

    Principles

    Article 26

    Economic operators

    Article 27

    Nomenclatures

    Article 28

    Confidentiality

    Article 29

    Rules applicable to communication

     

     

    TITLE II

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

     

     

    CHAPTER I

    General principles

    Article 30

    General principles: paragraphs 1, 2 and 3

    Article 31

    Concession notices

    Article 32

    Concession award notices

    Article 33

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

    Article 34

    Electronic availability of concession documents

    Article 35

    Combating corruption and preventing conflicts of interest

     

     

    CHAPTER II

    Procedural guarantees

    Article 36

    Technical and functional requirements

    Article 37

    Procedural guarantees

    Article 38

    Selection of and qualitative assessment of candidates

    Article 39

    Time limits for receipt of applications and tenders for the concession

    Article 40

    Provision of information to candidates and tenderers

    Article 41

    Award criteria

     

     

    TITLE III

    Rules on performance of concessions

    Article 42

    Subcontracting

    Article 43

    Modification of contracts during their term

    Article 44

    Termination of concessions

    Article 45

    Monitoring and reporting

     

     

    ANNEXES

    Annex I

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

    Annex II

    Activities exercised by contracting entities as referred to in Article 7

    Annex III

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

    Annex IV

    Services referred to in Article 19

    Annex V

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

    Annex VI

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

    Annex VII

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

    Annex VIII

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

    Annex IX

    Features concerning publication

    Annex X

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

    Annex XI

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

    ‘ANNEX XXIX-L

    Other non-mandatory elements of Directive 2014/23/EU

    (Phase 3)

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

    TITLE I

    Subject-matter, scope, principles and definitions

     

     

    CHAPTER I

    Scope, general principles and definitions

     

     

    Section IV

    Specific situations

    Article 24

    Reserved concessions

    ‘ANNEX XXIX-M

    Provisions of Directive 2014/23/EU outside the scope of approximation

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

    TITLE I

    Subject-matter, scope, principles and definitions

     

     

    CHAPTER I

    Scope, general principles and definitions

    Section I

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

    Article 1

    Subject-matter and scope: paragraph 3

    Article 6

    Contracting authorities: paragraphs 2 and 3

    Article 9

    Revision of the threshold

    Section II

    Exclusions

    Article 15

    Notification of information by contracting entities

    Article 16

    Exclusion of activities which are directly exposed to competition

     

     

    TITLE II

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

     

     

    CHAPTER I

    General principles

    Article 30

    General principles: paragraph 4

    Article 33

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

     

     

    TITLE IV

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

    Article 46

    Amendments to Directive 89/665/EEC

    Article 47

    Amendments to Directive 92/13/EEC

     

     

    TITLE V

    Delegated powers, implementing powers and final provisions

    Article 48

    Exercise of the delegation

    Article 49

    Urgency procedure

    Article 50

    Committee procedure

    Article 51

    Transposition

    Article 52

    Transitional provisions

    Article 53

    Monitoring and reporting

    Article 54

    Entry into force

    Article 55

    Addressees

    ‘ANNEX XXIX-N

    Basic elements of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and No 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts and by Directive 2014/23/EU

    (Phase 2)

    Article 1

    Scope and availability of review procedures

    Article 2

    Requirements for review procedures

    Article 2a

    Standstill period

    Article 2b

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

    Article 2c

    Time limits for applying for review

    Article 2d

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

    Article 2e

    Infringements of this Directive and alternative penalties

    Article 2f

    Time limits

    ‘ANNEX XXIX-O

    Other elements of Directive 89/665/EEC

    (Phase 2)

    Article 2b

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

    Article 2d

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

    ‘ANNEX XXIX-P

    Provisions of Directive 89/665/EEC outside the scope of approximation

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

    Article 2b

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

    Article 2d

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

    Article 3

    Corrective mechanism

    Article 3a

    Content of the notice for voluntary ex ante transparency

    Article 3b

    Committee procedure

    Article 4

    Implementation

    Article 4a

    Review

    ‘ANNEX XXIX-Q

    Basic elements of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors as amended by Directive 2007/66/EC and Directive 2014/23/EU

    (Phase 2)

    Article 1

    Scope and availability of review procedures

    Article 2

    Requirements for review procedures

    Article 2a

    Standstill period

    Article 2b

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

    Article 2c

    Time limits for applying for review

    Article 2d

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

    Article 2e

    Infringements of this Directive and alternative penalties

    Article 2f

    Time limits

    ‘ANNEX XXIX-R

    Other elements of Directive 92/13/EEC

    (Phase 4)

    Article 2b

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

    ‘ANNEX XXIX-S

    Provisions of Directive 92/13/EEC outside the scope of approximation

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

    Article 2b

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

    Article 2d

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

    Article 3a

    Content of the notice for voluntary ex ante transparency

    Article 3b

    Committee procedure

    Article 8

    Corrective mechanism

    Article 12

    Implementation

    Article 12a

    Review

    ‘ANNEX XXIX-T

    The Republic of Moldova: indicative list of issues for cooperation

    1.

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

    2.

    Training of suppliers interested in participating in public procurement.

    3.

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

    4.

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

    5.

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

    6.

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

    ’.

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