Council Decision (EU) 2017/43 of 12 December 2016 on the position to be adopted, ... (32017D0043)
    EU - Rechtsakte: 11 External relations

    COUNCIL DECISION (EU) 2017/43

    of 12 December 2016

    on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement

    THE COUNCIL OF THE EUROPEAN UNION,
    Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,
    Having regard to the proposal from the European Commission,
    Whereas:
    (1) Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and Ukraine, of the other part(1) (‘the Agreement’), provides for the provisional application of the Agreement in part, as specified by the Union.
    (2) Article 1 of Council Decision 2014/668/EU(2) specifies the provisions of the Agreement to be applied provisionally, including the provisions on public procurement, and Annex XXI to the Agreement. The provisional application of those provisions is effective from 1 January 2016.
    (3) Article 153 of the Agreement provides that Ukraine 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 XXI to the Agreement.
    (4) Several Union acts listed in Annexe XXI to the Agreement have been amended or repealed since the initialling of the Agreement on 30 March 2012.
    (5) Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement are to be revised regularly, beginning in the first even year following the entry into force of the Agreement.
    (6) It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union
    acquis
    by amending certain deadlines.
    (7) It is therefore necessary to update Annex XXI in order to reflect the developments to the Union
    acquis
    listed therein, and revise the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement.
    (8) Article 149 of the Agreement provides that the revision of the thresholds provided for in Annex XXI-P to the Agreement shall be adopted by decision of the Association Committee in Trade configuration.
    (9) Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.
    (10) Article 1 of the Association Council Decision No 3/2014(3) delegates the power to update or amend the trade-related annexes of the Agreement to the Association Committee in Trade configuration, including Annex XXI pertaining to Chapter 8 (Public Procurement) of Title IV (Trade and trade-related matters).
    (11) It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to the update of Annex XXI to the Agreement to be adopted by the Association Committee in Trade configuration.
    (12) Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation and institutional capacity building. This roadmap shall comply with the phases and time schedules set out in Annex XXI-A to the Agreement.
    (13) Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation i.e. for the legislative approximation of the public procurement related legislation to the Union
    acquis
    .
    (14) It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to a favourable opinion regarding the comprehensive roadmap to be adopted by the Association Committee in Trade configuration,
    HAS ADOPTED THIS DECISION:

    Article 1

    1.   The position to be adopted on behalf of the European Union in the Association Committee in Trade configuration established by Article 465 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), in relation to the update of Annex XXI of the Agreement shall be based on the draft Decision of that Committee, attached to this Decision.
    2.   Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council of the European Union.

    Article 2

    The position to be adopted on behalf of the Union within the Association Committee in Trade configuration established by Article 465 of the Agreement, in relation to the favourable opinion regarding the comprehensive roadmap shall be based on the draft Decision of that Committee referred to in Article 1(1).

    Article 3

    The Decisions of the Association Committee in Trade configuration shall be published in the
    Official Journal of the European Union
    after their adoption.

    Article 4

    This Decision shall enter into force on the date of its adoption.
    Done at Brussels, 12 December 2016.
    For the Council
    The President
    F. MOGHERINI
    (1)  
    OJ L 161, 29.5.2014, p. 3
    .
    (2)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (
    OJ L 278, 20.9.2014, p. 1
    ).
    (3)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (
    OJ L 158, 24.6.2015, p. 4
    ).
    DRAFT

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

    of …

    updating Annex XXI to the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement

    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 Ukraine, of the other part(1) (‘the Agreement’), and in particular Article 149, Article 153 and Article 463 thereof,
    Whereas:
    (1) In accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016.
    (2) Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the 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 465(4) of the Agreement.
    (3) Article 153 of the Agreement provides that Ukraine 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 XXI to the Agreement.
    (4) Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:
    (a) Directive 2014/23/EU of the European Parliament and of the Council(2);
    (b) Directive 2014/24/EU of the European Parliament and of the Council(3);
    (c) Directive 2014/25/EU of the European Parliament and of the Council(4).
    (5) The above-mentioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170(5), (EU) 2015/2171(6) and (EU) 2015/2172(7), respectively.
    (6) Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.
    (7) It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union
    acquis
    listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement.
    (8) The new Union
    acquis
    on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union
    acquis
    .
    (9) Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions.
    (10) The EU-Ukraine Association Council empowered the Association Committee in Trade configuration in its Decision No 3/2014(8) of 15 December 2014 to update or amend certain trade-related annexes.
    (11) Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union
    acquis
    .
    (12) Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union
    acquis
    .
    (13) It is therefore appropriate for the Association Committee in Trade configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap,
    HAS ADOPTED THIS DECISION:

    Article 1

    Annex XXI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex, which is attached to this Decision.

    Article 2

    A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the government of Ukraine on 24 February 2016.

    Article 3

    This Decision shall enter into force on the date of its adoption.
    Done at …,
    For the Association Committee in Trade configuration
    The Chair
    (1)  
    OJ L 161, 29.5.2014, p. 3
    .
    (2)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (
    OJ L 94, 28.3.2014, p. 1
    ).
    (3)  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 (
    OJ L 94, 28.3.2014, p. 65
    ).
    (4)  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 (
    OJ L 94, 28.3.2014, p. 243
    ).
    (5)  Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (
    OJ L 307, 25.11.2015, p. 5
    ).
    (6)  Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (
    OJ L 307, 25.11.2015, p. 7
    ).
    (7)  Commission Delegated Regulation (EU) 2015/2172 of 24 November 2015 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (
    OJ L 307, 25.11.2015, p. 9
    ).
    (8)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (
    OJ L 158, 24.6.2015, p. 4
    ).

    ANNEX XXI-A TO CHAPTER 8

    INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, LEGISLATIVE APPROXIMATION AND MARKET ACCESS

    Phase

     

    Indicative time schedule

    Market access granted to the EU by Ukraine

    Market access granted to Ukraine by the EU

     

    1.

    Implementation of Articles 150(2) and 151 of this Agreement

    Agreement of the Reform Strategy set out in Article 152 of this Agreement

    6 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

    3 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 XXI-B and XXI-C

    3.

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

    4 years after the entry into force of this Agreement

    Supplies for all contracting entities in the utilities sector

    Supplies for all contracting entities

    Annexes XXI-D and XXI-E

    4.

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

    6 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 XXI-F, XXI-G, and XXI-H

    5.

    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 XXI-I and XXI-J

    ANNEX XXI-B TO CHAPTER 8

    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: paragraph 1, points (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: first subparagraph of paragraph 1, first subparagraph of paragraph 5
    Article 53
    Electronic availability of procurement documents
    Article 54
    Invitations to candidates
    Article 55
    Informing candidates and tenderers
    Section 3
    Choice of participants and award of contracts
    Article 56
    General principles
    Subsection 1
    Criteria for qualitative selection
    Article 57
    Exclusion grounds
    Article 58
    Selection criteria
    Article 59
    European Single Procurement Document: paragraph 1
    mutatis mutandis,
    paragraph 4
    Article 60
    Means of proof
    Article 62
    Quality assurance standards and environmental management standards: paragraphs 1 and 2
    Article 63
    Reliance on the capacities of other entities
    Subsection 2
    Reduction of numbers of candidates, tenders and solutions
    Article 65
    Reduction of the number of otherwise qualified candidates to be invited to participate
    Article 66
    Reduction of the number of tenders and solutions
    Subsection 3
    Award of the contract
    Article 67
    Contract award criteria
    Article 68
    Life-cycle costing: paragraphs 1 and 2
    Article 69
    Abnormally low tenders: paragraphs 1 to 4
    CHAPTER IV
    Contract performance
    Article 70
    Conditions for performance of contracts
    Article 71
    Subcontracting
    Article 72
    Modification of contracts during their term
    Article 73
    Termination of contracts
    TITLE III
    Particular procurement regimes
    CHAPTER I
    Social and other specific services
    Article 74
    Award of contracts for social and other specific services
    Article 75
    Publication of notices
    Article 76
    Principles of awarding contracts
    ANNEXES
    ANNEX II
    LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)
    ANNEX III
    LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED 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 XXI-C TO CHAPTER 8

    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)

    (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)
    Paragraphs 2 and 3
    Article 2e
    Infringements of this Directive and alternative penalties
    Article 2f
    Time limits

    ANNEX XXI-D TO CHAPTER 8

    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 to 9, 13 to 16 and 18 to 20
    Article 3
    Contracting authorities (paragraphs 1 and 4)
    Article 4
    Contracting entities: paragraphs 1 to 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 to 4 and 7 to 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 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) to (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, 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 to 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 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 XXI-E TO CHAPTER 8

    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

    (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
    Paragraphs 1(b), 2 and 3
    Article 2e
    Infringements of this Directive and alternative penalties
    Article 2f
    Time limits

    ANNEX XXI-F TO CHAPTER 8

    I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU
    (Phase 4)
    The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
    TITLE I
    Scope, definitions and general principles
    CHAPTER I
    Scope and definitions
    Section 1
    Subject-matter and definitions
    Article 2
    Definitions (paragraph 1, points (14) and (16))
    Article 20
    Reserved contracts
    TITLE II
    Rules on public contracts
    CHAPTER II
    Techniques and instruments for electronic and aggregated procurement
    Article 37
    Centralised purchasing activities and central purchasing bodies
    CHAPTER III
    Conduct of the procedure
    Section 3
    Choice of participants and award of contracts
    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
    Article 77
    Reserved contracts for certain services
    II.   NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU
    (Phase 4)
    The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-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 XXI-G TO CHAPTER 8

    I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU
    (Phase 4)
    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
    (Phase 4)
    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 XXI-H TO CHAPTER 8

    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 XXI-I TO CHAPTER 8

    (Phase 5)

    I.   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))

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

    The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B.
    TITLE I
    Scope, definitions and general principles
    CHAPTER I
    Subject-matter and definitions
    Article 2
    Definitions: points 10 to 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 XXI-J TO CHAPTER 8

    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 paragraph 1 of Article 2d,
    Paragraph 5

    ANNEX XXI-K TO CHAPTER 8

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

    The elements of Directive 2014/24/EU 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 of Directive 2014/23/EU 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 XXI-L TO CHAPTER 8

    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 XXI-M TO CHAPTER 8

    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 paragraph 1 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 XXI-N TO CHAPTER 8

    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 paragraph 1 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 XXI-O TO CHAPTER 8

    UKRAINE: INDICATIVE LIST OF ISSUES FOR COOPERATION

    1.
    Training, in Ukraine and EU countries, of Ukrainian 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 150 paragraph 2 of this Agreement)

    ANNEX XXI-P TO CHAPTER 8

    THRESHOLDS

    1.
    The value thresholds mentioned in Article 149(3) of this Agreement shall be for both Parties:
    (a) EUR 135 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
    (b) EUR 209 000 in the case of public supply and public service contracts not covered by point (a);
    (c) EUR 5 225 000 in the case of public works contracts;
    (d) EUR 5 225 000 in the case of works contracts in the utilities sector;
    (e) EUR 5 225 000 in the case of concessions;
    (f) EUR 418 000 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 EUR thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds applicable under the EU Directives at the moment of the entry into force of this Agreement.
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