The position to be adopted on the Union's behalf within the Association Committee in Trade configuration established by Article 438 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, with regard to the update of Annexes XVI and XXIX to the Agreement shall be based on the draft Decisions of that Committee attached to this Decision.
Minor technical corrections to the draft Decisions may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council.
Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, are replaced by the text appearing in the Annex to this Decision.
Annex XXIX to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part, is replaced by the by the text appearing in the Annex to this Decision.
This Decision shall enter into force on the day of its adoption.
This Decision shall enter into force on the day of its adoption.
This Decision shall enter into force on the day of its adoption.
ANNEXSupplementary provisions
ANNEX
UPDATE OF ANNEX XVI TO THE AGREEMENT
Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Agreement are replaced by the following:
‘Union legislation
Deadline for approximation
HORIZONTAL LEGISLATIVE FRAMEWORK FOR MARKETING OF PRODUCTS
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93
Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC
Approximated on the date of entry into force of the Law No 235 of 1 December 2011
Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety
2016
Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
2012
Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council
2015
Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC, as amended by Directive 2009/3/EC of the European Parliament and of the Council
2015
LEGISLATION BASED ON THE PRINCIPLES OF THE NEW APPROACH WHICH PROVIDE FOR CE MARKING
Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits
2017
Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels
2017
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC
Full approximation: 2015
Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility
2017
Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment
Review and full approximation: 2015
Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels
Review and full approximation: 2016
Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons
2015
Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres
2017
Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses
Commission Decision 2004/388/EC of 15 April 2004 on an Intra-Community transfer of explosives document
Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses
2017
Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts
2017
Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC
2015
Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments
2017
Council Directive 93/42/EEC of 14 June 1993 concerning medical devices
Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices
Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices
Review and full approximation: 2015
Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels
Full approximation: 2017
Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments
2017
Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment
2017
Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC
2017
Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC
2018
Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
Review and full approximation: 2015
Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles
2017
DIRECTIVES BASED ON THE PRINCIPLES OF THE NEW APPROACH OR THE GLOBAL APPROACH, BUT WHICH DO NOT PROVIDE FOR CE MARKING
European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste
2015
Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC
2017
CONSTRUCTION OF MOTOR VEHICLES
2. Two- or Three-wheel motor vehicles
Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles
2017
3. Wheeled agricultural or forestry tractors
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles
2016
Directive 2008/2/EC of the European Parliament and of the Council of 15 January 2008 on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors
2016
CHEMICALS
1. REACH and REACH implementation
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC
2019
Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
2019
2. Dangerous chemicals
Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals
2017
Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC
2021
Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
2014
Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE)
2016
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC
2013-14
Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)
Approximated in 2009
Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC
2013-14
3. Classification, packaging and labelling
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006
2021’.
ANNEXSupplementary provisions
ANNEX
Annex XXIX to the Agreement is replaced by the following:
‘ANNEX XXIX
PUBLIC PROCUREMENT
ANNEX XXIX-A
THRESHOLDS
1.
The value thresholds referred to in Article 269(3) of this Agreement shall be for both Parties:
(a)
EUR 134 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
(b)
EUR 207 000 in the case of public supply and public service contracts not covered by point (a);
(c)
EUR 5 186 000 in the case of public works contracts;
(d)
EUR 5 186 000 in the case of works contracts in the utilities sector;
(e)
EUR 5 186 000 in the case of concessions;
(f)
EUR 414 000 in the case of supply and service contracts in the utilities sector;
(g)
EUR 750 000 for public service contracts for social and other specific services;
(h)
EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.
2.
The value thresholds referred to in paragraph 1 shall be adapted to reflect the thresholds applicable under Directives 2014/23/EU, 2014/24/EU and 2014/25/EU at the moment of the entry into force of this Agreement.
ANNEX XXIX-B
INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS
Phase
Indicative time schedule
Market access granted to the EU by the Republic of Moldova
Market access granted to the Republic of Moldova by the EU
1
Implementation of Articles 270(2) and 271 of this Agreement
Agreement of the Reform Strategy set out in Article 272 of this Agreement
9 months after the entry into force of this Agreement
Supplies for central government authorities
Supplies for central government authorities
2
Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC
5 years after the entry into force of this Agreement
Supplies for state, regional and local authorities and bodies governed by public law
Supplies for state, regional and local authorities and bodies governed by public law
Annexes XXIX-C and XXIX-N
Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC
5 years after the entry into force of this Agreement
Supplies for all contracting entities in the utilities sector
Supplies for all contracting entities
Annexes XXIX-G and XXIX-Q
Approximation and implementation of other elements of Directive 2014/24/EU
5 years after the entry into force of this Agreement
Service and works contracts for all contracting authorities
Service and works contracts for all contracting authorities
Annexes XXIX-D, XXIX-E, and XXIX-O
3
Approximation and implementation of Directive 2014/23/EU
6 years after the entry into force of this Agreement
Concessions for all contracting authorities
Concessions for all contracting authorities
Annexes XXIX-K and XXIX-L
4
Approximation and implementation of other elements of Directive 2014/25/EU
8 years after the entry into force of this Agreement
Service and works contracts for all contracting entities in the utilities sector
Service and works contracts for all contracting entities in the utilities sector
Annexes XXIX-H, XXIX-I and XXIX-R
ANNEX XXIX-C
BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 February 2014
on public procurement and repealing Directive 2004/18/EC
(Phase 2)
TITLE I
Scope, definitions and general principles
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 1
Subject-matter and scope: paragraphs 1, 2, 5 and 6
Article 2
Definitions: points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24) of paragraph 1
Article 3
Mixed procurement
Section 2
Thresholds
Article 4
Threshold amounts
Article 5
Methods for calculating the estimated value of procurement
Section 3
Exclusions
Article 7
Contracts in the water, energy, transport and postal services sectors
Article 8
Specific exclusions in the field of electronic communications
Article 9
Public contracts awarded and design contests organised pursuant to international rules
Article 10
Specific exclusions for service contracts
Article 11
Service contracts awarded on the basis of an exclusive right
Article 12
Public contracts between entities within the public sector
Section 4
Specific situations
Subsection 1
Subsidised contracts and research and development services
Article 13
Contracts subsidised by contracting authorities
Article 14
Research and development services
Subsection 2
Procurement involving defence and security aspects
Article 15
Defence and security
Article 16
Mixed procurement involving defence or security aspects
Article 17
Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
CHAPTER II
General rules
Article 18
Principles of procurement
Article 19
Economic operators
Article 21
Confidentiality
Article 22
Rules applicable to communication: paragraphs 2-6
Article 23
Nomenclatures
Article 24
Conflicts of interest
TITLE II
Rules on public contracts
CHAPTER I
Procedures
Article 26
Choice of procedures: paragraphs 1, 2, point (a) of paragraph 4, paragraphs 5 and 6
Article 27
Open procedure
Article 28
Restricted procedure
Article 29
Competitive procedure with negotiation
Article 32
Use of the negotiated procedure without prior publication
CHAPTER III
Conduct of the procedure
Section 1
Preparation
Article 40
Preliminary market consultations
Article 41
Prior involvement of candidates or tenderers
Article 42
Technical specifications
Article 43
Labels
Article 44
Test reports, certification and other means of proof: paragraphs 1 and 2
Article 45
Variants
Article 46
Division of contracts into lots
Article 47
Setting time limits
Section 2
Publication and transparency
Article 48
Prior information notices
Article 49
Contract notices
Article 50
Contract award notices: paragraphs 1 and 4
Article 51
Form and manner of publication of notices: first subparagraph of paragraph 1 and first subparagraph of paragraph 5
Article 53
Electronic availability of procurement documents
Article 54
Invitations to candidates
Section 3
Choice of participants and award of contracts
Article 56
General principles
Subsection 1
Criteria for qualitative selection
Article 57
Exclusion grounds
Article 58
Selection criteria
Article 59
European Single Procurement Document: paragraph 1 mutatis mutandis and paragraph 4
Article 60
Means of proof
Article 62
Quality assurance standards and environmental management standards: paragraphs 1 and 2
Article 63
Reliance on the capacities of other entities
Subsection 2
Reduction of numbers of candidates, tenders and solutions
Article 65
Reduction of the number of otherwise qualified candidates to be invited to participate
Article 66
Reduction of the number of tenders and solutions
Subsection 3
Award of the contract
Article 67
Contract award criteria
Article 68
Life-cycle costing: paragraphs 1 and 2
Article 69
Abnormally low tenders: paragraphs 1-4
CHAPTER IV
Contract performance
Article 70
Conditions for performance of contracts
Article 71
Subcontracting
Article 72
Modification of contracts during their term
Article 73
Termination of contracts
TITLE III
Particular procurement regimes
CHAPTER I
Social and other specific services
Article 74
Award of contracts for social and other specific services
Article 75
Publication of notices
Article 76
Principles of awarding contracts
ANNEXES
Annex II
List of the activities referred to in point (6)(a) of Article 2(1)
Annex III
List of products referred to in Article 4(b) with regard to contracts awarded contracting authorities in the field of defence
Annex IV
Requirements relating to tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in design contests
Annex V
Information to be included in notices
Part A
Information to be included in notices of the publication of a prior information notice on a buyer profile
Part B
Information to be included in prior information notices (as referred to in Article 48)
Part C
Information to be included in contract notices (as referred to in Article 49)
Part D
Information to be included in contract award notices (as referred to in Article 50)
Part G
Information to be included in notices of modifications of a contract during its term (as referred to in Article 72(1))
Part H
Information to be included in contract notices concerning contracts for social and other specific services (as referred to in Article 75(1))
Part I
Information to be included in prior information notices for social and other specific services (as referred to in Article 75(1))
Part J
Information to be included in contract award notices concerning contracts for social and other specific services (as referred to in Article 75(2))
Annex VII
Definition of certain technical specifications
Annex IX
Contents of the invitations to submit a tender, to participate in the dialogue or to confirm interest provided for under Article 54
Annex X
List of international social and environmental conventions referred to in Article 18(2)
Annex XII
Means of proof of selection criteria
Annex XIV
Services referred to in Article 74
ANNEX XXIX-D
OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU
(Phase 2)
TITLE I
Scope, definitions and general principles
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 2
Definitions: point (21) of paragraph 1
Article 22
Rules applicable to communication: paragraph 1
TITLE II
Rules on public contracts
CHAPTER I
Procedures
Article 26
Choice of procedures: paragraph 3 and point (b) of paragraph 4
Article 30
Competitive dialogue
Article 31
Innovation partnership
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 33
Framework agreements
Article 34
Dynamic purchasing systems
Article 35
Electronic auctions
Article 36
Electronic catalogues
Article 38
Occasional joint procurement
CHAPTER III
Conduct of the procedure
Section 2
Publication and transparency
Article 50
Contract award notices: paragraphs 2 and 3
TITLE III
Particular procurement regimes
CHAPTER II
Rules governing design contests
Article 78
Scope
Article 79
Notices
Article 80
Rules on the organisation of design contests and the selection of participants
Article 81
Composition of the jury
Article 82
Decisions of the jury
ANNEXES
Annex V
Information to be included in notices
Part E
Information to be included in design contest notices (as referred to in Article 79(1))
Part F
Information to be included in notices of the results of a contest (as referred to in Article 79(2))
Annex VI
Information to be included in the procurement documents relating to electronic auctions (Article 35(4))
ANNEX XXIX-E
OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU
(Phase 2)
The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.
TITLE I
Scope, definitions and general principles
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 2
Definitions: points (14) and (16) of paragraph 1
Article 20
Reserved contracts
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 37
Centralised purchasing activities and central purchasing bodies
CHAPTER III
Conduct of the procedure
Section 3
Choice of participants and award of contracts
Article 64
Official lists of approved economic operators and certification by bodies established under public or private law
TITLE III
Particular procurement regimes
CHAPTER I
Social and other specific services
Article 77
Reserved contracts for certain services
ANNEX XXIX-F
PROVISIONS OF DIRECTIVE 2014/24/EU OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
TITLE I
Scope, definitions and general principles
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 1
Subject-matter and scope: paragraphs 3 and 4
Article 2
Definitions: paragraph 2
Section 2
Thresholds
Article 6
Revision of the thresholds and of the list of central government authorities
TITLE II
Rules on public contracts
CHAPTER I
Procedures
Article 25
Conditions relating to the GPA and other international agreements
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 39
Procurement involving contracting authorities from different Member States
CHAPTER III
Conduct of the procedure
Section 1
Preparation
Article 44
Test reports, certification and other means of proof: paragraph 3
Section 2
Publication and transparency
Article 51
Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4, second subparagraph of paragraph 5, paragraph 6
Article 52
Publication at national level
Section 3
Choice of participants and award of contracts
Article 61
Online repository of certificates (e-Certis)
Article 62
Quality assurance standards and environmental management standards: paragraph 3
Article 68
Life-cycle costing: paragraph 3
Article 69
Abnormally low tender: paragraph 5
TITLE IV
Governance
Article 83
Enforcement
Article 84
Individual reports on procedures for the award of contracts
Article 85
National reporting and statistical information
Article 86
Administrative cooperation
TITLE V
Delegated powers, implementing powers and final provisions
Article 87
Exercise of the delegation
Article 88
Urgency procedure
Article 89
Committee procedure
Article 90
Transposition and transitional provisions
Article 91
Repeals
Article 92
Review
Article 93
Entry into force
Article 94
Addressees
ANNEXES
Annex I
Central government authorities
Annex VIII
Features concerning publication
Annex XI
Registers
Annex XIII
List of union legal acts referred to in Article 68(3)
Annex XV
Correlation table
ANNEX XXIX-G
BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 February 2014
on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC
(Phase 2)
TITLE I
Scope, definitions and general principles
CHAPTER I
Subject-matter and definitions
Article 1
Subject-matter and scope: paragraphs 1, 2, 5 and 6
Article 2
Definitions: points (1)-(9), (13)-(16) and (18)-(20)
Article 3
Contracting authorities: paragraphs 1 and 4
Article 4
Contracting entities: paragraphs 1-3
Article 5
Mixed procurement covering the same activity
Article 6
Procurement covering several activities
CHAPTER II
Activities
Article 7
Common provisions
Article 8
Gas and heat
Article 9
Electricity
Article 10
Water
Article 11
Transport services
Article 12
Ports and airports
Article 13
Postal services
Article 14
Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
CHAPTER III
Material scope
Section 1
Thresholds
Article 15
Threshold amounts
Article 16
Methods for calculating the estimated value of procurement: paragraphs 1-4 and 7-14
Section 2
Excluded contracts and design contests: special provisions for procurement involving defence and security aspects
Subsection 1
Exclusions applicable to all contracting entities and special exclusions for the water and energy sector
Article 18
Contracts awarded for purposes of resale or lease to third parties: paragraph 1
Article 20
Contracts awarded and design contests organised pursuant to international rules
Article 21
Specific exclusions for service contracts
Article 22
Service contracts awarded on the basis of an exclusive right
Article 23
Contracts awarded by certain contracting authorities for the purchase of water and for the supply of energy or of fuels for the production of energy
Subsection 2
Procurement involving defence and security aspects
Article 24
Defence and security
Article 25
Mixed procurement covering the same activity and involving defence or security aspects
Article 26
Procurement covering several activities and involving defence or security aspects
Article 27
Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
Subsection 3
Special relations (cooperation, affiliated undertakings and joint ventures)
Article 28
Contracts between contracting authorities
Article 29
Contracts awarded to an affiliated undertaking
Article 30
Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
Subsection 4
Specific situations
Article 32
Research and development services
CHAPTER IV
General principles
Article 36
Principles of procurement
Article 37
Economic operators
Article 39
Confidentiality
Article 40
Rules applicable to communication
Article 41
Nomenclatures
Article 42
Conflicts of interest
TITLE II
Rules applicable to contracts
CHAPTER I
Procedures
Article 44
Choice of procedures: paragraphs 1, 2 and 4
Article 45
Open procedure
Article 46
Restricted procedure
Article 47
Negotiated procedure with prior call for competition
Article 50
Use of the negotiated procedure without prior call for competition: points (a)–(i)
CHAPTER III
Conduct of the procedure
Section 1
Preparation
Article 58
Preliminary market consultations
Article 59
Prior involvement of candidates or tenderers
Article 60
Technical specifications
Article 61
Labels
Article 62
Test reports, certification and other means of proof
Article 63
Communication of technical specifications
Article 64
Variants
Article 65
Division of contracts into lots
Article 66
Setting time limits
Section 2
Publication and Transparency
Article 67
Periodic indicative notices
Article 68
Notices on the existence of a qualification system
Article 69
Contract notices
Article 70
Contract award notices: paragraphs 1, 3 and 4
Article 71
Form and manner of publication of notices: paragraph 1 and first subparagraph of paragraph 5
Article 73
Electronic availability of procurement documents
Article 74
Invitations to candidates
Article 75
Informing applicants for qualification, candidates and tenderers
Section 3
Choice of participants and award of contract
Article 76
General principles
Subsection 1
Qualification and qualitative selection
Article 78
Criteria for qualitative selection
Article 79
Reliance on the capacities of other entities: paragraph 2
Article 80
Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
Article 81
Quality assurance standards and environmental management standards: paragraphs 1 and 2
Subsection 2
Award of the contract
Article 82
Contract award criteria
Article 83
Life-cycle costing: paragraphs 1 and 2
Article 84
Abnormally low tenders: paragraphs 1-4
CHAPTER IV
Contract performance
Article 87
Conditions for performance of contracts
Article 88
Subcontracting
Article 89
Modification of contracts during their term
Article 90
Termination of contracts
TITLE III
Particular procurement regimes
CHAPTER I
Social and other specific services
Article 91
Award of contracts for social and other specific services
Article 92
Publication of notices
Article 93
Principles of awarding contracts
ANNEXES
Annex I
List of activities as set out in point (a) of point 2 of Article 2
Annex V
Requirements relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests
Annex VI part A
Information to be included in the periodic indicative notice (as referred to in Article 67)
Annex VI part B
Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))
Annex VIII
Definition of certain technical specifications
Annex IX
Features concerning publication
Annex X
Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)
Annex XI
Information to be included in contract notices (as referred to in Article 69)
Annex XII
Information to be included in the contract award notice (as referred to in Article 70)
Annex XIII
Contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74
Annex XIV
List of International Social and Environmental Conventions referred to in Article 36(2)
Annex XVI
Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))
Annex XVII
Services referred to in Article 91
Annex XVIII
Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)
ANNEX XXIX-H
OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
(Phase 4)
TITLE I
Scope, definitions and general principles
CHAPTER I
Subject-matter and definitions
Article 2
Definitions: point (17)
CHAPTER III
Material scope
Section 1
Thresholds
Article 16
Methods for calculating the estimated value of procurement: paragraphs 5 and 6
TITLE II
Rules applicable to contracts
CHAPTER I
Procedures
Article 44
Choice of procedures: paragraph 3
Article 48
Competitive dialogue
Article 49
Innovation partnership
Article 50
Use of the negotiated procedure without prior call for competition: point (j)
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 51
Framework agreements
Article 52
Dynamic purchasing systems
Article 53
Electronic auctions
Article 54
Electronic catalogues
Article 56
Occasional joint procurement
CHAPTER III
Conduct of the procedure
Section 2
Publication and transparency
Article 70
Contract award notices: paragraph 2
Section 3
Choice of participants and award of contracts
Subsection 1
Qualification and qualitative selection
Article 77
Qualification systems
Article 79
Reliance on the capacities of other entities: paragraph 1
TITLE III
Particular procurement regimes
CHAPTER II
Rules governing design contests
Article 95
Scope
Article 96
Notices
Article 97
Rules on the organisation of design contests, the selection of participants and the jury
Article 98
Decision of the jury
ANNEXES
Annex VII
Information to be included in the procurement documents relating to electronic auctions (Article 53(4))
Annex XIX
Information to be included in the design contest notice (as referred to in Article 96(1))
Annex XX
Information to be included in the results of design contest notices (as referred to in Article 96(1))
ANNEX XXIX-I
OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
(Phase 4)
The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.
TITLE I
Scope, definitions and general principles
CHAPTER I
Subject-matter and definitions
Article 2
Definitions: points (10)-(12)
CHAPTER IV
General principles
Article 38
Reserved contracts
TITLE II
Rules applicable to contracts
CHAPTER I
Procedures
Article 55
Centralised purchasing activities and central purchasing bodies
TITLE III
Particular procurement regimes
CHAPTER I
Social and other specific services
Article 94
Reserved contracts for certain services
ANNEX XXIX-J
PROVISIONS OF DIRECTIVE 2014/25/EU OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
TITLE I
Scope, definitions and general principles
CHAPTER I
Subject-matter and definitions
Article 1
Subject matter and scope: paragraphs 3 and 4
Article 3
Contracting authorities: paragraphs 2 and 3
Article 4
Contracting entities: paragraph 4
CHAPTER III
Material scope
Section 1
Thresholds
Article 17
Revision of the thresholds
Section 2
Excluded contracts and design contests: special provisions for procurement involving defence and security aspects
Subsection 1
Exclusions applicable to all contracting entities and special exclusions for the water and energy sector
Article 18
Contracts awarded for purposes of resale or lease to third parties: paragraph 2
Article 19
Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2
Subsection 3
Special relations (cooperation, affiliated undertakings and joint ventures)
Article 31
Notification of information
Subsection 4
Specific situations
Article 33
Contracts subject to special arrangements
Subsection 5
Activities directly exposed to competition and procedural provisions relating thereto
Article 34
Activities directly exposed to competition
Article 35
Procedure for establishing whether Article 34 is applicable
TITLE II
Rules applicable to contracts
CHAPTER I
Procedures
Article 43
Conditions relating to the GPA and other international agreements
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 57
Procurement involving contracting entities from different Member States
CHAPTER III
Conduct of the procedure
Section 2
Publication and transparency
Article 71
Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
Article 72
Publication at national level
Section 3
Choice of participants and award of contract
Article 81
Quality assurance standards and environmental management standards: paragraph 3
Article 83
Life-cycle costing: paragraph 3
Section 4
Tenders comprising products originating in third countries and relations with those countries
Article 85
Tenders comprising products originating in third countries
Article 86
Relations with third countries as regards works, supplies and service contracts
TITLE IV
Governance
Article 99
Enforcement
Article 100
Individual reports on procedures for the award of contracts
Article 101
National reporting and statistical information
Article 102
Administrative cooperation
TITLE V
Delegated powers, implementing powers and final provisions
Article 103
Exercise of the delegation
Article 104
Urgency procedure
Article 105
Committee procedure
Article 106
Transposition and transitional provisions
Article 107
Repeal
Article 108
Review
Article 109
Entry into force
Article 110
Addressees
ANNEXES
Annex II
List of Union legal acts referred to in Article 4(3)
Annex III
List of Union legal acts referred to in Article 34(3)
Annex IV
Deadlines for the adoption of the implementing acts referred to in Article 35
Annex XV
List of Union legal acts referred to in Article 83(3)
ANNEX XXIX-K
BASIC ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 26 February 2014
on the award of concession contracts
(Phase 3)
TITLE I
Subject-matter, scope, principles and definitions
CHAPTER I
Scope, general principles and definitions
Section I
Subject-matter, scope, general principles, definitions and threshold
Article 1
Subject-matter and scope: paragraphs 1, 2 and 4
Article 2
Principle of free administration by public authorities
Article 3
Principle of equal treatment, non-discrimination and transparency
Article 4
Freedom to define services of general economic interest
Article 5
Definitions
Article 6
Contracting authorities: paragraphs 1 and 4
Article 7
Contracting entities
Article 8
Threshold and methods for calculating the estimated value of concessions
Section II
Exclusions
Article 10
Exclusions applicable to concessions awarded by contracting authorities and contracting entities
Article 11
Specific exclusions in the field of electronic communications
Article 12
Specific exclusions in the field of water
Article 13
Concessions awarded to an affiliated undertaking
Article 14
Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
Article 17
Concessions between entities within the public sector
Section III
General provisions
Article 18
Duration of the concession
Article 19
Social and other specific services
Article 20
Mixed contracts
Article 21
Mixed procurement contracts involving defence or security aspects
Article 22
Contracts covering both activities referred to in Annex II and other activities
Article 23
Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
Article 25
Research and development services
CHAPTER II
Principles
Article 26
Economic operators
Article 27
Nomenclatures
Article 28
Confidentiality
Article 29
Rules applicable to communication
TITLE II
Rules on the award of concessions: general principles and procedural guarantees
CHAPTER I
General principles
Article 30
General principles: paragraphs 1, 2 and 3
Article 31
Concession notices
Article 32
Concession award notices
Article 33
Form and manner of publication of notices: first subparagraph of paragraph 1
Article 34
Electronic availability of concession documents
Article 35
Combating corruption and preventing conflicts of interest
CHAPTER II
Procedural guarantees
Article 36
Technical and functional requirements
Article 37
Procedural guarantees
Article 38
Selection of and qualitative assessment of candidates
Article 39
Time limits for receipt of applications and tenders for the concession
Article 40
Provision of information to candidates and tenderers
Article 41
Award criteria
TITLE III
Rules on performance of concessions
Article 42
Subcontracting
Article 43
Modification of contracts during their term
Article 44
Termination of concessions
Article 45
Monitoring and reporting
ANNEXES
Annex I
List of the activities referred to in point (7) of Article 5
Annex II
Activities exercised by contracting entities as referred to in Article 7
Annex III
List of legal acts of the union referred to in point (b) of Article 7(2)
Annex IV
Services referred to in Article 19
Annex V
Information to be included in concession notices referred to in Article 31
Annex VI
Information to be included in prior information notices concerning concessions for social and other specific services, as referred to in Article 31(3)
Annex VII
Information to be included in concession award notices, as referred to in Article 32
Annex VIII
Information to be included in concession award notices concerning concessions for social and other specific services, as referred to in Article 32
Annex IX
Features concerning publication
Annex X
List of international social and environmental conventions referred to in Article 30(3)
Annex XI
Information to be included in notices of modifications of a concession during its term according to Article 43
ANNEX XXIX-L
OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU
(Phase 3)
The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.
TITLE I
Subject-matter, scope, principles and definitions
CHAPTER I
Scope, general principles and definitions
Section IV
Specific situations
Article 24
Reserved concessions
ANNEX XXIX-M
PROVISIONS OF DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
TITLE I
Subject-matter, scope, principles and definitions
CHAPTER I
Scope, general principles and definitions
Section I
Subject-matter, scope, general principles, definitions and threshold
Article 1
Subject-matter and scope: paragraph 3
Article 6
Contracting authorities: paragraphs 2 and 3
Article 9
Revision of the threshold
Section II
Exclusions
Article 15
Notification of information by contracting entities
Article 16
Exclusion of activities which are directly exposed to competition
TITLE II
Rules on the award of concessions: general principles and procedural guarantees
CHAPTER I
General principles
Article 30
General principles: paragraph 4
Article 33
Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4
TITLE IV
Amendments to Directive 89/665/EEC and 92/13/EEC
Article 46
Amendments to Directive 89/665/EEC
Article 47
Amendments to Directive 92/13/EEC
TITLE V
Delegated powers, implementing powers and final provisions
Article 48
Exercise of the delegation
Article 49
Urgency procedure
Article 50
Committee procedure
Article 51
Transposition
Article 52
Transitional provisions
Article 53
Monitoring and reporting
Article 54
Entry into force
Article 55
Addressees
ANNEX XXIX-N
BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC
of 21 December 1989
on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and No 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts and by Directive 2014/23/EU
(Phase 2)
Article 1
Scope and availability of review procedures
Article 2
Requirements for review procedures
Article 2a
Standstill period
Article 2b
Derogations from the standstill period: point (b) of the first paragraph
Article 2c
Time limits for applying for review
Article 2d
Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3
Article 2e
Infringements of this Directive and alternative penalties
Article 2f
Time limits
ANNEX XXIX-O
OTHER ELEMENTS OF DIRECTIVE 89/665/EEC
(Phase 2)
Article 2b
Derogations from the standstill period: point (c) of the first paragraph
Article 2d
Ineffectiveness: point (c) of the first paragraph, paragraph 5
ANNEX XXIX-P
PROVISIONS OF DIRECTIVE 89/665/EEC OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
Article 2b
Derogations from the standstill period: point (a) of the first paragraph
Article 2d
Ineffectiveness: point (a) of the first paragraph, paragraph 4
Article 3
Corrective mechanism
Article 3a
Content of the notice for voluntary ex ante transparency
Article 3b
Committee procedure
Article 4
Implementation
Article 4a
Review
ANNEX XXIX-Q
BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
of 25 February 1992
coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors as amended by Directive 2007/66/EC and Directive 2014/23/EU
(Phase 2)
Article 1
Scope and availability of review procedures
Article 2
Requirements for review procedures
Article 2a
Standstill period
Article 2b
Derogations from the standstill period: point (b) of the first paragraph
Article 2c
Time limits for applying for review
Article 2d
Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3
Article 2e
Infringements of this Directive and alternative penalties
Article 2f
Time limits
ANNEX XXIX-R
OTHER ELEMENTS OF DIRECTIVE 92/13/EEC
(Phase 4)
Article 2b
Derogations from the standstill period: point (c) of the first paragraph, paragraph 5
ANNEX XXIX-S
PROVISIONS OF DIRECTIVE 92/13/EEC OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
Article 2b
Derogations from the standstill period: point (a) of the first paragraph
Article 2d
Ineffectiveness: point (a) of the first paragraph, paragraph 4
Article 3a
Content of the notice for voluntary ex ante transparency
Article 3b
Committee procedure
Article 8
Corrective mechanism
Article 12
Implementation
Article 12a
Review
ANNEX XXIX-T
THE REPUBLIC OF MOLDOVA: INDICATIVE LIST OF ISSUES FOR COOPERATION
1.
Training, in the Union and the Republic of Moldova, of officials of the Republic of Moldova from government bodies engaged in public procurement.
2.
Training of suppliers interested in participating in public procurement.
3.
Exchange of information and experience on best practice and regulatory rules in the field of public procurement.
4.
Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring.
5.
Consultations and methodological assistance from the Union in application of modern electronic technologies in the field of public procurement.
6.
Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions (see Article 270 of this Agreement).’.
