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Document 52018PC0258

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

COM/2018/258 final - 2018/0119 (NLE)

No longer in force, Date of end of validity: 18/09/2018

Brussels, 4.5.2018

COM(2018) 258 final

2018/0119(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union, in the Association Committee meeting in trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, concerning the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement


EXPLANATORY MEMORANDUM

1.Subject-matter of the proposal

The present proposal concerns the Council decision adopting the Union positions to be taken in the Association Committee meeting in Trade configuration in connection with the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part.

2.Context of the proposal

2.1.The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part

The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’) aims to contribute to gradual economic integration and deepening of political association between Georgia and the European Union. The agreement entered into force on 1 July 2016.

2.2.The Association Committee

The Association Committee is a body established by the Agreement, which, pursuant to Article 408(3) of the Agreement, has the power to adopt decisions in the cases provided for in the Agreement and in areas in which the Association Council has delegated powers to it. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them.

As set out in Article 408(4) of the Agreement, the Association Committee shall meet in trade configuration to address all trade and trade-related issues of Title IV of the Agreement. As specified in Article 1(4) of the Rules of Procedure of the Association Committee and of Sub-Committees ('the Rules of Procedure') 1 , the Association Committee in Trade configuration shall be composed of senior officials of the European Commission and of Georgia who are responsible for trade and trade-related matters. A representative of the European Commission or of Georgia who is responsible for trade and trade-related matters shall act as Chair of the Association Committee in Trade configuration. The meetings will also be attended by a representative of the European External Action Service.

Pursuant to Article 408(3) of the Agreement and Article 11(1) of the Rules of Procedure, the Association Committee shall adopt its decisions by mutual agreement between the Parties and on completion of the respective internal procedures. Each decision or recommendation shall be signed by the Chair of the Association Committee and authenticated by the Secretaries of the Association Committee.

2.3.The envisaged acts of the Association Committee

The Association Committee meeting in trade configuration is to adopt two decisions regarding the update of Annex III (approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement (‘the envisaged acts’).

The purpose of the envisaged acts is to update the aforementioned Annexes in light of the evolution of the Union acquis listed therein since the conclusion of negotiations of the Agreement in November 2013. This conforms to the obligations of the Union and Georgia on dynamic approximation set out in Article 418 of the Agreement and aims to facilitate the ongoing process of approximation to the Union acquis in Georgia.

The envisaged acts shall become binding upon the Parties to the Agreement in accordance with Article 408(3) of the Agreement, which provides: ‘The Association Committee shall have the power to adopt decisions in the cases provided for in this Agreement and in areas in which the Association Council has delegated powers to it and as stipulated in Article 406(1) of this Agreement. These decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties, taking into account the respective internal procedures’.

3.Position to be adopted on behalf of the Union

The present proposal for a Council decision establishes the Union positions on two decisions to be taken in the Association Committee established by the Agreement in relation to the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement).

The updated of the above-mentioned Annexes is necessary in order to reflect the evolution of the Union acquis that has taken place in the above-mentioned areas since the conclusion of negotiations of the Agreement in November 2013. The proposal is consistent with the Parties' obligations set out in Article 406 and Article 418 of the Agreement.

This proposal is consistent with and contributes to the implementation of other external policies of the Union, notably the European Neighbourhood Policy and the Development Cooperation Policy in relation to Georgia.

The trade and trade-related provisions of the Agreement were subject to ex-ante impact assessment in 2008, followed by the Commission DG Trade's Trade Sustainability Impact Assessment of 2012, which fed into the Deep and Comprehensive Free Trade Agreement DCFTA negotiation process. That study confirmed that implementation of trade and trade-related provisions would have no negative impact on the Union, its acquis or its policies, while projecting a positive impact on the economic development of Georgia. The proposal does not have any negative impact on the economic, social or environmental policy of the Union.

The Agreement is not subject to REFIT procedures at this stage; it does not imply any costs for the Union SMEs; and it does not raise any issues from the viewpoint of the digital environment.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The notion of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’. 2

4.1.2.Application to the present case

The Association Committee is a body set up by an agreement, namely the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part. Pursuant to Article 408(4) of the Agreement, the Association Committee shall meet in Trade configuration to address all trade and trade-related issues of Title IV of the Agreement.

Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to this Agreement. Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. The Association Council delegated the power to update or amend certain trade-related Annexes to the Association Committee meeting in Trade configuration by its Decision No 3/2014 of 17 November 2014.

The acts which the Association Committee is called upon to adopt constitutes an acts having legal effects. The envisaged acts will be binding upon the Parties in accordance with Article 408(3) of the Agreement. The envisaged acts do not supplement or amend the institutional framework of the Agreement. Accordingly, the Union positions to be taken in the EU-Georgia Association Committee meeting in Trade configuration must be established in accordance with Article 218(9) TFEU.

The procedural legal basis for the proposed decision, therefore, is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is adopted on behalf of the Union. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.2.2.Application to the present case

The main objective and content of the envisaged acts is to facilitate trade between the parties by updating certain Annexes on technical barriers to trade and public procurement, namely Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) of Title IV of the Agreement, which concerns trade and trade-related matters. Consequently, the envisaged acts are within the scope of the common commercial policy referred to in Article 207.

The substantive legal basis of the proposed decision, therefore, is Article 207 TFEU.

4.3.Conclusion

The legal bases of the proposed Council decision are Article 207 in conjunction with Article 218(9) TFEU.

2018/0119 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union, in the Association Committee meeting in trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, concerning the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Whereas:

(1)The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part (‘the Agreement’) was concluded by the Union by Council Decision 2014/494/EU 3 and entered into force on 1 July 2016.

(2)Pursuant to Article 406(3) of the Agreement, the Association Council shall have the power to update or amend the Annexes to the Agreement.

(3)Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

(4)Pursuant to Article 1 of the Association Council Decision No 3/2014 of 17 November 2014 4 , the Association Council delegated the power to update or amend the Annexes to the Agreement which relate inter alia to Chapter 3 (Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and Chapter 8 (Public Procurement) of Title IV (trade and trade-related Matters) of the Agreement to the Association Committee meeting in Trade configuration, to the extent that there are no specific provisions in Chapter 3 and Chapter 8 relating to the update or the amendment of those Annexes.

(5)Pursuant to Article 47(1) of the Agreement, the Association Committee may amend Annex III-A to the agreement by decision.

(6)Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusions of negotiations of the Agreement. It is necessary to update these Annexes by adding a number of acts that implement, amend, supplement or replace the measures listed therein.

(7)It is therefore appropriate to establish the positions to be adopted on behalf of the Union in the Association Committee meeting in Trade configuration with regard to the envisaged adoption of decisions regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement ('the envisaged acts').

(8)It is appropriate to publish in the Official Journal of the European Union after their adoption, the decisions of the Association Committee meeting in trade configuration that will amend Annex III and Annex XVI to the Agreement.

(9)In the Association Committee in Trade configuration, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union (TEU),

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the Union, in the meeting of the Association Committee meeting in Trade configuration on …, shall be based on the following draft Decisions of the Association committee meeting in trade configuration attached to this Decision:

1.Decision of the EU-Georgia Association Committee updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology.

2.Decision of the EU-Georgia Association Committee updating Annex XVI to the Agreement (public procurement).

Article 2

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

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

   For the Council

   The President

(1)    OJ L 9, 15.1.2015, p. 38.
(2)    Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraphs 61-64.
(3)    OJ L 261, 30.8.2014, p. 1.
(4)    OJ L 321, 5.12.2015, p. 72.
Top

Brussels,4.5.2018

COM(2018) 258 final

ANNEX

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union, in the Association Committee meeting in trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, concerning the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement


ATTACHMENT

Draft

Decision No 1/2018 of the EU-GEORGIA Association Committee in Trade configuration

of …2018

updating Annex III-A to the Association Agreement

THE Association COMMITTEE IN TRADE CONFIGURATION,

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, signed in Brussels on 16 June 2014, and in particular Article 47 thereof,

Whereas:

(1)In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part ('the Agreement'), the Agreement, entered into force on 1 July 2016.

(2)Article 47 of the Agreement provides that Georgia shall gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that the Association committee may amend Annex III-A to the agreement by decision.

(3)Several Union acts listed in Annex III-A to the Agreement have been recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia.

(4)It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex. In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety.

(5)It is appropriate to provide for a period to Georgia in order to implement the new Union acts in its domestic legislation. Accordingly, new deadlines for approximation of Georgia to the Union acts listed in Annex III-A are indicated therein,

HAS ADOPTED THIS DECISION:

Article 1

Annex III-A, to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is hereby replaced as set out in the Appendix to this Decision.

Article 2

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

Done at …, …

For the Association Committee

in Trade configuration

The Chair

Appendix

UPDATE of Annex III-A to the Association Agreement

Annex III-A is hereby replaced and shall read as follows:

LIST OF SECTORAL LEGISLATION FOR APPROXIMATION

The below list reflects Georgia's priorities with regard to approximation of EU's New Approach and Global Approach Directives as included in the Government of Georgia's Strategy in Standardisation, Accreditation, Conformity Assessment, Technical Regulation and Metrology and Programme on Legislative Reform and Adoption of Technical Regulations, of March 2010.

1.

Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC 1

Timetable: within five years after the entry into force of this Agreement

2.

Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast) 2

Timetable: within five years after the entry into force of this Agreement

3.

Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast) 3

Timetable: within five years after the entry into force of this Agreement

4.

Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels 4

Timetable: during 2013

5.

Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast) 5

Timetable: within five years after the entry into force of this Agreement

6.

Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC 6

Timetable: within five years after the entry into force of this Agreement

7.

Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses 7

Timetable: within five years after the entry into force of this Agreement

8.

Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) 8

Timetable: within five years after the entry into force of this Agreement

9.

Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC 9

Timetable: within five years after the entry into force of this Agreement

10.

Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) 10

Timetable: within eight years after the entry into force of this Agreement

11.

Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) 11

Timetable: within eight years after the entry into force of this Agreement

12.

Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC 12

Timetable: within eight years after the entry into force of this Agreement

13.

Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU 13

Timetable: within eight years after the entry into force of this Agreement

14.

Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC 14

Timetable: within five years after the entry into force of this Agreement

15.

Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC 15

Timetable: within five years after the entry into force of this Agreement

16.

Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery 16

Timetable: within five years after the entry into force of this Agreement

17.

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys 17

Timetable: within five years after the entry into force of this Agreement

18.

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC 18

Timetable: within eight years after the entry into force of this Agreement

19.

Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast) 19

Timetable: within eight years after the entry into force of this Agreement

20.

Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) 20

Timetable: within eight years after the entry into force of this Agreement



Draft

Decision No 2/2018 of the EU-GEORGIA Association Committee in Trade configuration

of …2018

updating Annex XVI to the Association Agreement

THE Association COMMITTEE IN TRADE CONFIGURATION,    

Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, signed in Brussels on 16 June 2014, and in particular Article 142, Article 146 and Article 408 thereof,

Having regard to Association Council Decision No. 3/2014 of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in trade Configuration 21

Whereas:

(1)In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part ('the Agreement'), the Agreement, entered into force on 1 July 2016.

(2)Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration.

(3)Article 406(3) of the Agreement provides that the EU-Georgia Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in trade Configuration in its Decision No. 1/2014 of 17 November 2014 to update or amend certain trade-related annexes.

(4)Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XVI-B to the Agreement.

(5)Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:

(a)Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts 22  

(b)Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC 23

(c)Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC 24

(6)It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Article 142, Article 146.

(7)In the interest of clarity, Annex XVI should be updated in its entirety and replaced as set out in the Appendix to this Decision.

HAS ADOPTED THIS DECISION:

Article 1

Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is hereby replaced by the Annex set out in the Appendix to this Decision.

Article 2

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

Done at …, …

For the Association Committee

in Trade configuration

The Chair

Appendix

UPDATE OF Annex XVI to the agreement

Public Procurement

Annex XVI-A

Thresholds

1.The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties:

(a)EUR 144.000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;

(b)EUR 221.000 in the case of public supply and public service contracts not covered by point a);

(c)EUR 5.548.000 in the case of public works contracts;

(d)EUR 5.548.000 in the case of works contracts in the utilities sector;

(e)EUR 5.548.000 in the case of concessions;

(f)EUR 443.000 in the case of supply and service contracts in the utilities sector;

(g)EUR 750.000 for public service contracts for social and other specific services;

(h)EUR 1.000.000 for service contracts for social and other specific services in the utilities sector.

Annex XVI-B

Indicative time schedule for institutional reform, approximation and market access

Phase

Indicative time schedule

Market access granted to the EU by Georgia

Market access granted to Georgia by the EU

1

Implementation of Articles 143(2) and 144 of this Agreement

Agreement of the Reform Strategy set out in Article 145 of this Agreement

Three years after the entry into force of this Agreement

Supplies for central government authorities

Supplies for central government authorities

2

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

Five years after the entry into force of this Agreement

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

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

Annexes XVI-C and XVI-D

3

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

Six years after the entry into force of this Agreement

Supplies for all contracting entities in the utilities sector

Supplies for all contracting entities

Annexes XVI-E and XVI-F

4

Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EU

Seven years after the entry into force of this Agreement

Service and works contracts and concessions for all contracting authorities

Service and works contracts and concessions for all contracting authorities

Annexes XVI-G, XVI-H, and XVI-I

5

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

Eight years after the entry into force of this Agreement

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

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

Annexes XVI-J, and XVI-K

Annex XVI-C

Basic elements of Directive 2014/24/EU

of 26 February 2014 on public procurement

(Phase 2)

TITLE I

Scope, definitions and general principles

CHAPTER I    

Scope and definitions

Section 1 – Subject-matter and definitions

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

Article 2    Definitions: paragraphs 1, point (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23), (24)

Article 3    Mixed procurement

Section 2 - Thresholds

Article 4    Threshold amounts

Article 5    Methods for calculating the estimated value of procurement

Section 3 - Exclusions

Article 7    Contracts in the water, energy, transport and postal services sectors

Article 8    Specific exclusions in the field of electronic communications

Article 9    Public contracts awarded and design contests organised pursuant to international rules

Article 10    Specific exclusions for service contracts

Article 11    Service contracts awarded on the basis of an exclusive right

Article 12    Public contracts between entities within the public sector

Section 4 – Specific situations

Subsection 1:    Subsidised contracts and research and development services

Article 13    Contracts subsidised by contracting authorities

Article 14    Research and development services

Subsection 2:    Procurement involving defence and security aspects

Article 15    Defence and security

Article 16    Mixed procurement involving defence or security aspects

Article 17    Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

CHAPTER II

General Rules

Article 18    Principles of procurement

Article 19    Economic operators

Article 21    Confidentiality

Article 22    Rules applicable to communication: paragraphs 2-6

Article 23    Nomenclatures

Article 24    Conflicts of interest

TITLE II

Rules on public contracts

CHAPTER I

Procedures

Article 26    Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6

Article 27    Open procedure

Article 28    Restricted procedure

Article 29    Competitive procedure with negotiation

Article 32    Use of the negotiated procedure without prior publication

CHAPTER III

Conduct of the procedure

Section 1 – Preparation

Article 40    Preliminary market consultations

Article 41    Prior involvement of candidates or tenderers

Article 42    Technical specifications

Article 43    Labels

Article 44    Test reports, certification and other means of proof: paragraphs 1, 2

Article 45    Variants

Article 46    Division of contracts into lots

Article 47    Setting time limits

Section 2 – Publication and transparency

Article 48    Prior information notices

Article 49    Contract notices

Article 50    Contract award notices: paragraphs 1 and 4

Article 51    Form and manner of publication of notices: 1st subparagraph of paragraph 1, 1st subparagraph of paragraph 5

Article 53    Electronic availability of procurement documents

Article 54    Invitations to candidates

Article 55    Informing candidates and tenderers

Section 3 – Choice of participants and award of contracts

Article 56    General principles

Subsection 1:    Criteria for qualitative selection

Article 57    Exclusion grounds

Article 58    Selection criteria

Article 59    European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4

Article 60    Means of proof

Article 62    Quality assurance standards and environmental management standards: paragraphs 1 and 2

Article 63    Reliance on the capacities of other entities

Subsection 2:    Reduction of numbers of candidates, tenders and solutions

Article 65    Reduction of the number of otherwise qualified candidates to be invited to participate

Article 66    Reduction of the number of tenders and solutions

Subsection 3:    Award of the contract

Article 67    Contract award criteria

Article 68    Life-cycle costing: paragraphs 1 and 2

Article 69    Abnormally low tenders: paragraphs 1 - 4

CHAPTER IV

Contract performance

Article 70    Conditions for performance of contracts

Article 71    Subcontracting

Article 72    Modification of contracts during their term

Article 73    Termination of contracts

TITLE III

Particular procurement regimes

CHAPTER I

Article 74    Award of contracts for social and other specific services

Article 75    Publication of notices

Article 76    Principles of awarding contracts

ANNEXES

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

ANNEX III    LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE

ANNEX IV    REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS

ANNEX V    INFORMATION TO BE INCLUDED IN NOTICES

Part A:    INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE

Part B:    INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48)

Part C:    INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49)

Part D: INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50)

Part G:    INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1))

Part H: INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))

Part I: INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))

Part J:    INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2))

ANNEX VII    DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

ANNEX IX    CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54

ANNEX X    LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)

ANNEX XII    MEANS OF PROOF OF SELECTION CRITERIA

ANNEX XIV    SERVICES REFFERED TO IN ARTICLE 74

Annex XVI-D

Basic elements of Directive 89/665/EEC

of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (Directive 89/665/EEC)

as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Directive 2007/66/EC) and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (Directive 2014/23/EU) 25
(Phase 2)

Article 1    Scope and availability of review procedures

Article 2    Requirements for review procedures

Article 2a    Standstill period

Article 2b    Derogations from the standstill period

Point (b) of the first paragraph of Article 2b

Article 2c    Time limits for applying for review

Article 2d    Ineffectiveness

Paragraph 1(b)    

Paragraph 2 and 3

Article 2e    Infringements of this Directive and alternative penalties

Article 2f    Time limits

Annex XVI-E

Basic elements of Directive 2014/25/EU

of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors

(Phase 3)

TITLE I

Scope, definitions and general principles

CHAPTER I    

Subject-matter and definitions

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

Article 2    Definitions: points 1-9, 13-16 and 18-20

Article 3    Contracting authorities (paragraphs 1 and 4)

Article 4    Contracting entities: paragraphs 1-3

Article 5    Mixed procurement covering the same activity

Article 6    Procurement covering several activities

CHAPTER II

Activities

Article 7    Common provisions

Article 8    Gas and heat

Article 9    Electricity

Article 10    Water

Article 11    Transport services

Article 12    Ports and airports

Article 13    Postal services

Article 14    Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels

CHAPTER III

Material scope

Section 1 – Thresholds

Article 15    Threshold amounts

Article 16    Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14

Section 2 – Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects

Subsection 1:    Exclusions applicable to all contracting entities and special exclusions for the water and energy sector

Article 18    Contracts awarded for purposes of resale or lease to third parties: paragraph 1

Article 19    Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1

Article 20    Contracts awarded and design contests organised pursuant to international rules

Article 21    Specific exclusions for service contracts

Article 22    Service contracts awarded on the basis of an exclusive right

Article 23    Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy

Subsection 2:    Procurement involving defence and security aspects

Article 24    Defence and security

Article 25    Mixed procurement covering the same activity and involving defence and security aspects

Article 26    Procurement covering several activities and involving defence and security aspects

Article 27    Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules

Subsection 3:    Special relations (cooperation, affiliated undertakings and joint ventures)

Article 28    Contracts between contracting authorities

Article 29    Contracts awarded to an affiliated undertaking

Article 30    Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture

Subsection 4:    Specific situations

Article 32    Research and development services

CHAPTER IV

General principles

Article 36    Principles of procurement

Article 37    Economic operators

Article 39    Confidentiality

Article 40    Rules applicable to communication

Article 41    Nomenclatures

Article 42    Conflicts of interest

TITLE II

Rules applicable to contracts

CHAPTER I

Procedures

Article 44    Choice of procedures: paragraphs 1, 2, 4

Article 45    Open procedure

Article 46    Restricted procedure

Article 47    Negotiated procedure with prior call for competition

Article 50    Use of the negotiated procedure without prior call for competition: point (a) – (i)

CHAPTER III

Conduct of the procedure

Section 1 – Preparation

Article 58    Preliminary market consultations

Article 59    Prior involvement of candidates or tenderers

Article 60    Technical specifications

Article 61    Labels

Article 62    Test reports, certification and other means of proof

Article 63    Communication of technical specifications

Article 64    Variants

Article 65    Division of contracts into lots

Article 66    Setting time limits

Section 2 – Publication and transparency

Article 67    Periodic indicative notices

Article 68    Notices on the existence of a qualification system

Article 69    Contract notices

Article 70    Contract award notices: paragraphs 1, 3, 4

Article 71    Form and manner of publication of notices: paragraph 1, 1st subparagraph of paragraph 5

Article 73    Electronic availability of procurement documents

Article 74    Invitations to candidates

Article 75    Informing applicants for qualification, candidates and tenderers

Section 3 – Choice of participants and award of contract

Article 76    General principles

Subsection 1:    Qualification and qualitative selection

Article 78    Criteria for qualitative selection

Article 79    Reliance on the capacities of other entities: paragraph 2

Article 80    Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU

Article 81    Quality assurance standards and environmental management standards: paragraphs 1, 2

Subsection 2:    Award of the contract

Article 82    Contract award criteria

Article 83    Life-cycle costing: paragraphs 1 and 2

Article 84    Abnormally low tenders: paragraphs 1-4

CHAPTER IV: Contract performance

Article 87    Conditions for performance of contracts

Article 88    Subcontracting

Article 89    Modification of contracts during their term

Article 90    Termination of contracts

TITLE III

Particular procurement regimes

CHAPTER I

Social and other specific services

Article 91    Award of contracts for social and other specific services

Article 92    Publication of notices

Article 93    Principles of awarding contracts

ANNEXES

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

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

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

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

ANNEX VIII    Definition of certain technical specifications

ANNEX IX    Features concerning publication

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

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

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

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

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

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

ANNEX XVII    Services referred to in Article 91    

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

Annex XVI-F

Basic elements of Council Directive 92/13/EEC

of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (Directive 92/13/EEC)

as amended by Directive 2007/66/EC and Directive 2014/23/EU 26  

(Phase 3)

Article 1    Scope and availability of review procedures

Article 2    Requirements for review procedures

Article 2a    Standstill period

Article 2b    Derogations from the standstill period    
       Point (b) of the first paragraph of Article 2b

Article 2c    Time limits for applying for review

Article 2d    Ineffectiveness

Paragraph 1 (b)

Paragraphs 2 and 3

Article 2e    Infringements of this Directive and alternative penalties

Article 2f    Time limits

Annex XVI-G

(Phase 4)

I. other non-mandatory elements of Directive 2014/24/EU

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

TITLE I

Scope, definitions and general principles

CHAPTER I

Scope and definitions

Section 1 – Subject-matter and definitions

Article 2    Definitions (paragraph 1, point (14), (16))

Article 20    Reserved contracts

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 37    Centralised purchasing activities and central purchasing bodies

CHAPTER III

Conduct of the procedure

Section 3 – Choice of participants and award of contracts

Article 64    Offical lists of approved economic operators and certification by bodies established under public or private law

TITLE III

Particular procurement regimes

CHAPTER I

Article 77    Reserved contracts for certain services

II. non-mandatory elements of Directive 2014/23/EU

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

TITLE I

Subject matter, scope, principles and definitions

CHAPTER I

Scope, general principles and definitions

Section IV – Specific situations

Article 24    Reserved Concessions

Annex XVI-H

(Phase 4)

I. Other mandatory elements of Directive 2014/24/EU

TITLE I

Scope, definitions and general principles

CHAPTER I    

Scope and definitions

Section 1 – Subject-matter and definitions

Article 2    Definitions (paragraph 1 point (21))

Article 22    Rules applicable to communication: paragraph 1

TITLE II

Rules on public contracts

CHAPTER I

Procedures

Article 26    Choice of procedures: paragraph 3, second alternative of paragraph 4

Article 30    Competitive dialogue

Article 31    Innovation Partnership

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 33    Framework agreements

Article 34    Dynamic purchasing systems

Article 35    Electronic auctions

Article 36    Electronic catalogues

Article 38    Occasional joint procurement

CHAPTER III

Conduct of the procedure

Section 2 – Publication and Transparency

Article 50    Contract award notices: paragraphs 2 and 3

TITLE III

Particular procurement regimes

CHAPTER II

Rules governing design contests

Article 78    Scope

Article 79    Notices

Article 80    Rules on the organisation of design contests and the selection of participants

Article 81    Composition of the jury

Article 82    Decisions of the jury

ANNEXES

ANNEX V    INFORMATION TO BE INCLUDED IN NOTICES

Part E:    INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1))

Part F:    INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2))

ANNEX VI    INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4))

II. mandatory elements of Directive 2014/23/EU

TITLE I

Subject matter, scope, principles and definitions

CHAPTER I    

Scope, general principles and definitions

Section I – Subject-matter, scope, general principles, definitions and threshold

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

Article 2    Principle of free administration by public authorities

Article 3    Principle of equal treatment, non-discrimination and transparency

Article 4    Freedom to define services of general economic interest

Article 5    Definitions

Article 6    Contracting authorities: paragraphs 1 and 4

Article 7    Contracting entities

Article 8    Threshold and methods for calculating the estimated value of concessions

Section II - Exclusions

Article 10    Exclusions applicable to concessions awarded by contracting authorities and contracting entities

Article 11    Specific exclusions in the field of electronic communications

Article 12    Specific exclusions in the field of water

Article 13    Concessions awarded to an affiliated undertaking

Article 14    Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture

Article 17    Concessions between entities within the public sector

Section III – General provisions

Article 18    Duration of the concession

Article 19    Social and other specific services

Article 20    Mixed contracts

Article 21    Mixed procurement contracts involving defence or security aspects

Article 22    Contracts covering both activities referred to in Annex II and other activities

Article 23    Concessions covering both activities referred to in Annex II and activities involving defence or security aspects

Article 25    Research and development services

CHAPTER II    

Principles

Article 26    Economic operators

Article 27    Nomenclatures

Article 28    Confidentiality

Article 29    Rules applicable to communication

TITLE II

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

CHAPTER I

General principles

Article 30    General principles: paragraphs 1, 2 and 3

Article 31    Concession notices

Article 32    Concession award notices

Article 33    Form and manner of publication of notices: 1st subparagraph of paragraph 1

Article 34    Electronic availability of concession documents

Article 35    Combating corruption and preventing conflicts of interest

CHAPTER II

Procedural guarantees

Article 36    Technical and functional requirements

Article 37    Procedural guarantees

Article 38    Selection of and qualitative assessment of candidates

Article 39    Time limits for receipt of applications and tenders for the concession

Article 40    Provision of information to candidates and tenderers

Article 41    Award criteria

TITLE III

Rules on performance of concessions

Article 42    Subcontracting

Article 43    Modification of contracts during their term

Article 44    Termination of concessions

Article 45    Monitoring and Reporting

ANNEXES

ANNEX I    LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5

ANNEX II    ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7

ANNEX III    LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)

ANNEX IV    SERVICES REFERRED TO IN ARTICLE 19

ANNEX V    INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31

ANNEX VI    INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)

ANNEX VII    INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32

ANNEX VIII    INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32

ANNEX IX    FEATURES CONCERNING PUBLICATION

ANNEX X    LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)

ANNEX XI    INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43

Annex XVI-I

Other elements of Directive 89/665/EEC 

as amended by Directive 2007/66/EC and Directive 2014/23/EU

(Phase 4)

Article 2b    Derogations from the standstill period

Point (c) of the first paragraph of Article 2b

Article 2d    Ineffectiveness

Point (c) of the first paragraph of Article 2d

Paragraph 5

Annex XVI-J 

(Phase 5)

I. other non-mandatory elements of Directive 2014/25/EU

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

TITLE I

Scope, definitions and general principles

CHAPTER I

Subject-matter and definitions

Article 2    Definitions: points 10-12

CHAPTER IV

General principles

Article 38    Reserved contracts

TITLE II

Rules applicable to contracts

CHAPTER I    

Procedures

Article 55    Centralised purchasing activities and central purchasing bodies

TITLE III

Particular procurement regimes

CHAPTER I

Social and other specific services

Article 94    Reserved contracts for certain services

II. Other mandatory elements of Directive 2014/25/EU

TITLE I

Scope, definitions and general principles

CHAPTER I

Subject-matter and definitions

Article 2    Definitions: point 17    

CHAPTER III

Material scope

Section 1 – Thresholds

Article 16    Methods for calculating the estimated value of procurement: paragraphs 5, 6

TITLE II

Rules applicable to contracts

CHAPTER I

Procedures

Article 44    Choice of procedures: paragraph 3

Article 48    Competitive dialogue

Article 49    Innovation Partnership

Article 50    Use of the negotiated procedure without prior call for competition: point (j)

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 51    Framework agreements

Article 52    Dynamic purchasing systems

Article 53    Electronic auctions

Article 54    Electronic catalogues

Article 56    Occasional joint procurement

CHAPTER III

Conduct of the procedure

Section 2 – Publication and transparency

Article 70    Contract award notices: paragraph 2

Section 3 – Choice of participants and award of contract

Subsection 1:    Qualification and qualitative selection

Article 77    Qualification systems

Article 79    Reliance on the capacities of other entities: paragraph 1

TITLE III

Particular procurement regimes

CHAPTER II

Rules governing design contests

Article 95    Scope

Article 96    Notices

Article 97    Rules on the organisation of design contests, the selection of participants and the jury

Article 98    Decision of the jury

ANNEXES

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

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

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

Annex XVI-K

Other elements of Directive 92/13/EEC

as amended by Directive 2007/66/EC and Directive 2014/23/EU

(Phase 5)

Article 2b    Derogations from the standstill period

Point (c) of the first paragraph of Article 2b

Article 2d    Ineffectiveness

Point (c) of the first paragraph of Article 2d

Paragraph 5

Annex XVI-L

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

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

TITLE I

Scope, definitions and general principles

CHAPTER I    

Scope and definitions

Section 1 – Subject-matter and definitions

Article 1    Subject-matter and scope: paragraphs 3 and 4

Article 2    Definitions: paragraph 2

Section 2 - Thresholds

Article 6    Revision of the thresholds and of the list of central government authorities

TITLE II

Rules on public contracts

CHAPTER I

Procedures

Article 25    Conditions relating to the GPA and other international agreements

CHAPTER II

Techniques and instruments for electronic and aggregated procurement

Article 39    Procurement involving contracting authorities from different Member States

CHAPTER III

Conduct of the procedure

Section 1 – Preparation

Article 44    Test reports, certification and other means of proof: paragraph 3

Section 2 – Publication and transparency

Article 51    Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6

Article 52    Publication at national level

Section 3 – Choice of participants and award of contracts

Article 61    Online repository of certificates (e-Certis)

Article 62    Quality assurance standards and environmental management standards: paragraph 3

Article 68    Life-cycle costing: paragraph 3

Article 69    Abnormally low tender: paragraph 5

TITLE IV

GOVERNANCE

Article 83    Enforcement

Article 84    Individual reports on procedures for the award of contracts

Article 85    National reporting and statistical information

Article 86    Administrative Cooperation

TITLE V

DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 87    Exercise of the delegation of powers

Article 88    Urgency procedure

Article 89    Committee procedure

Article 90    Transposition and transitional provisions

Article 91    Repeals

Article 92    Review

Article 93    Entry into force

Article 94    Addressees

ANNEXES

ANNEX I    CENTRAL GOVERNMENT AUTHORITIES

ANNEX VIII    FEATURES CONCERNING PUBLICATION

ANNEX XI    REGISTERS

ANNEX XIII    LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3)

ANNEX XV    CORRELATION TABLE

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

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

TITLE I

Subject matter, scope, principles and definitions

CHAPTER I    

Scope, general principles and definitions

Section I – Subject-matter, scope, general principles, definitions and threshold

Article 1    Subject-matter and scope: paragraph 3

Article 6    Contracting authorities: paragraphs 2 and 3

Article 9    Revision of the threshold

Section II – Exclusions

Article 15    Notification of information by contracting entities

Article 16    Exclusion of activities which are directly exposed to competition

TITLE II

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

CHAPTER I

General principles

Article 30    General principles: paragraph 4

Article 33    Form and manner of publication of notices: 2nd subparagraph of paragraph 1, paragraphs 2, 3 and 4

TITLE IV

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

Article 46    Amendments to Directive 89/665/EEC

Article 47    Amendments to Directive 92/13/EEC

TITLE V

Delegated powers, implementing powers and final provisions

Article 48    Exercise of the delegation

Article 49    Urgency procedure

Article 50    Committee procedure

Article 51    Transposition

Article 52    Transitional provisions

Article 53    Monitoring and reporting

Article 54    Entry into force

Article 55    Addressees

Annex XVI-M

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

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

TITLE I

Scope, definitions and general principles

CHAPTER I    

Subject-matter and definitions

Article 1    Subject matter and scope: paragraphs 3 and 4

Article 3    Contracting authorities: paragraphs 2 and 3

Article 4    Contracting entities: paragraph 4

CHAPTER III

Material scope

Section 1 – Thresholds

Article 17    Revision of the thresholds

Section 2 – Excluded contracts and design contests: Special provisions for procurement involving defence and security aspects

Subsection 1:    Exclusions applicable to all contracting entities and special exclusions for the water and energy sector

Article 18    Contracts awarded for purposes of resale or lease to third parties: paragraph 2

Article 19    Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2

Subsection 3:    Special relations (cooperation, affiliated undertakings and joint ventures)

Article 31    Notification of information

Subsection 4:    Specific situations

Article 33    Contracts subject to special arrangements

Subsection 5:    Activities directly exposed to competition and procedural provisions relating thereto

Article 34    Activities directly exposed to competition

Article 35    Procedure for establishing whether Article 34 is applicable

TITLE II

Rules applicable to contracts

CHAPTER I

Procedures

Article 43    Conditions relating to the GPA and other international agreements    

CHAPTER II

Article 57    Procurement involving contracting entities from different Member States

CHAPTER III    

Conduct of the procedure

Section 2 – Publication and transparency

Article 71    Form and manner of publication of notices: paragraphs 2, 3, 4, 2nd subparagraph of paragraph 5, paragraph 6

Article 72    Publication at national level

Section 3 – Choice of participants and award of contract

Article 81    Quality assurance standards and environmental management standards: paragraph 3

Article 83    Life-cycle costing: paragraph 3

Section 4 - Tenders comprising products originating in third countries and relations with those countries

Article 85    Tenders comprising products originating in third countries

Article 86    Relations with third countries as regards works, supplies and service contracts

TITLE IV

Governance

Article 99    Enforcement

Article 100    Individual reports on procedures for the award of contracts

Article 101    National reporting and statistical information

Article 102    Administrative cooperation

TITLE V

DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 103    Exercise of the delegation

Article 104    Urgency procedure

Article 105    Committee procedure

Article 106    Transposition and transitional provisions

Article 107    Repeal

Article 108    Review

Article 109    Entry into force

Article 110    Addressees

ANNEXES

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

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

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

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

Annex XVI-N

Provisions of Directive 89/665/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU outside the scope of approximation

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

Article 2b    Derogations from the standstill period

Point (a) of the first paragraph of Article 2b

Article 2d    Ineffectiveness

Point (a) of the first paragraph of Article 2d

Paragraph 4

Article 3    Corrective Mechanisms

Article 3a    Content of the notice for voluntary ex ante transparency

Article 3b    Committee Procedure

Article 4    Implementation

Article 4a    Review

Annex XVI-O

Provisions of Directive 92/13/EEC as amended by Directive 2007/66/EC and Directive 2014/23/EU outside the scope of approximation

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

Article 2b    Derogations from the standstill period

Point (a) of the first paragraph of Article 2b

Article 2d    Ineffectiveness

Point (a) of the first paragraph of Article 2d

Paragraph 4

Article 3a    Content of the notice for voluntary ex ante transparency

Article 3b    Committee Procedure

Article 8    Corrective Mechanisms

Article 12    Implementation

Article 12a    Review

Annex XVI-P

Georgia: Indicative list of issues for cooperation

1.Training, in Georgia and EU countries, of Georgian officials from government bodies engaged in public procurement;

2.Training of suppliers interested participating in public procurement;

3.Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;

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

5.Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement;

6.Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 143 paragraph 2 of this Agreement).

(1)    OJ L 81, 31.3.2016, p. 1.
(2)    OJ L 96, 29.3.2014, p. 251.
(3)    OJ L 189, 27.6.2014, p. 164.
(4)    OJ L 167, 22.6.1992, p. 16.
(5)    OJ L 96, 29.3.2014, p. 45.
(6)    OJ l 354, 28.12.2013, p. 90.
(7)    OJ L 94, 5.4.2008, p. 8.
(8)    OJ L 96, 29.3.2014, p. 309.
(9)    OJ L 153, 22.5.2014, p. 62.
(10)    OJ L 96, 29.3.2014, p. 79.
(11)    OJ L 96, 29.3.2014, p. 357.
(12)    OJ L 117, 5.5.2017, p. 1.
(13)    OJ L 117, 5.5.2017, p. 176.
(14)    OJ L 81, 31.3.2016, p. 99.
(15)    OJ L 81, 31.3.2016, p. 51.
(16)    OJ L 207, 23.7.1998, p. 1.
(17)    OJ L 170, 30.6.2009, p. 1.
(18)    OJ L 88, 4.4.2011, p. 5.
(19)    OJ L 96, 29.3.2014, p. 107.
(20)    OJ L 96, 29.3.2014, p. 149.
(21)    OJ L 9, 5.1.2015, p. 31.
(22)    OJ L 94, 28.3.2014, p. 1.
(23)    OJ L 94, 28.3.2014, p. 65.
(24)    OJ L 94, 28.3.2014, p. 243.
(25)    Georgian legislation implementing Annex XVI-D shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
(26)    Georgian legislation implementing Annex XVI-F shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
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