ANNEX
‘ANNEX XVI
PUBLIC PROCUREMENT
ANNEX XVI-A
THRESHOLDS
The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties:
(a)
EUR 144 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
(b)
EUR 221 000 in the case of public supply and public service contracts not covered by point (a);
(c)
EUR 5 548 000 in the case of public works contracts;
(d)
EUR 5 548 000 in the case of works contracts in the utilities sector;
(e)
EUR 5 548 000 in the case of concessions;
(f)
EUR 443 000 in the case of supply and service contracts in the utilities sector;
(g)
EUR 750 000 for public service contracts for social and other specific services;
(h)
EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.
ANNEX XVI-B
INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS
Phase
Indicative time schedule
Market access granted to the EU by Georgia
Market access granted to Georgia by the EU
1
Implementation of Articles 143(2) and 144 of this Agreement
Agreement of the Reform Strategy set out in Article 145 of this Agreement
Three years after the entry into force of this Agreement
Supplies for central government authorities
Supplies for central government authorities
2
Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC
Five years after the entry into force of this Agreement
Supplies for state, regional and local authorities and bodies governed by public law
Supplies for state, regional and local authorities and bodies governed by public law
Annexes XVI-C and XVI-D
3
Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC
Six years after the entry into force of this Agreement
Supplies for all contracting entities in the utilities sector
Supplies for all contracting entities
Annexes XVI-E and XVI-F
4
Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EU
Seven years after the entry into force of this Agreement
Service and works contracts and concessions for all contracting authorities
Service and works contracts and concessions for all contracting authorities
Annexes XVI-G, XVI-H, and XVI-I
5
Approximation and implementation of other elements of Directive 2014/25/EU
Eight years after the entry into force of this Agreement
Service and works contracts for all contracting entities in the utilities sector
Service and works contracts for all contracting entities in the utilities sector
Annexes XVI-J and XVI-K
ANNEX XVI-C
BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
( 1 )
(Phase 2)
TITLE I
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 1
Subject-matter and scope: paragraphs 1, 2, 5 and 6
Article 2
Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24)
Article 3
Mixed procurement
Section 2
Thresholds
Article 4
Threshold amounts
Article 5
Methods for calculating the estimated value of procurement
Section 3
Exclusions
Article 7
Contracts in the water, energy, transport and postal services sectors
Article 8
Specific exclusions in the field of electronic communications
Article 9
Public contracts awarded and design contests organised pursuant to international rules
Article 10
Specific exclusions for service contracts
Article 11
Service contracts awarded on the basis of an exclusive right
Article 12
Public contracts between entities within the public sector
Section 4
Specific situations
Subsection 1:
Subsidised contracts and research and development services
Article 13
Contracts subsidised by contracting authorities
Article 14
Research and development services
Subsection 2:
Procurement involving defence and security aspects
Article 15
Defence and security
Article 16
Mixed procurement involving defence or security aspects
Article 17
Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
CHAPTER II
General Rules
Article 18
Principles of procurement
Article 19
Economic operators
Article 21
Confidentiality
Article 22
Rules applicable to communication: paragraphs 2-6
Article 23
Nomenclatures
Article 24
Conflicts of interest
TITLE II
RULES ON PUBLIC CONTRACTS
CHAPTER I
Procedures
Article 26
Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6
Article 27
Open procedure
Article 28
Restricted procedure
Article 29
Competitive procedure with negotiation
Article 32
Use of the negotiated procedure without prior publication
CHAPTER III
Conduct of the procedure
Section 1
Preparation
Article 40
Preliminary market consultations
Article 41
Prior involvement of candidates or tenderers
Article 42
Technical specifications
Article 43
Labels
Article 44
Test reports, certification and other means of proof: paragraphs 1, 2
Article 45
Variants
Article 46
Division of contracts into lots
Article 47
Setting time limits
Section 2
Publication and transparency
Article 48
Prior information notices
Article 49
Contract notices
Article 50
Contract award notices: paragraphs 1 and 4
Article 51
Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5
Article 53
Electronic availability of procurement documents
Article 54
Invitations to candidates
Article 55
Informing candidates and tenderers
Section 3
Choice of participants and award of contracts
Article 56
General principles
Subsection 1:
Criteria for qualitative selection
Article 57
Exclusion grounds
Article 58
Selection criteria
Article 59
European Single Procurement Document: paragraph 1 mutatis mutandis , paragraph 4
Article 60
Means of proof
Article 62
Quality assurance standards and environmental management standards: paragraphs 1 and 2
Article 63
Reliance on the capacities of other entities
Subsection 2:
Reduction of numbers of candidates, tenders and solutions
Article 65
Reduction of the number of otherwise qualified candidates to be invited to participate
Article 66
Reduction of the number of tenders and solutions
Subsection 3:
Award of the contract
Article 67
Contract award criteria
Article 68
Life-cycle costing: paragraphs 1 and 2
Article 69
Abnormally low tenders: paragraphs 1-4
CHAPTER IV
Contract performance
Article 70
Conditions for performance of contracts
Article 71
Subcontracting
Article 72
Modification of contracts during their term
Article 73
Termination of contracts
TITLE III
PARTICULAR PROCUREMENT REGIMES
CHAPTER I
Social and other specific services
Article 74
Award of contracts for social and other specific services
Article 75
Publication of notices
Article 76
Principles of awarding contracts
ANNEXES
ANNEX II
LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)
ANNEX III
LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE
ANNEX IV
REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS
ANNEX V
INFORMATION TO BE INCLUDED IN NOTICES
Part A:
INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE
Part B:
INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48)
Part C:
INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49)
Part D:
INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50)
Part G:
INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1))
Part H:
INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))
Part I:
INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1))
Part J:
INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2))
ANNEX VII
DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS
ANNEX IX
CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54
ANNEX X
LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)
ANNEX XII
MEANS OF PROOF OF SELECTION CRITERIA
ANNEX XIV
SERVICES REFFERED TO IN ARTICLE 74
ANNEX XVI-D
BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC
( 2 )
as amended by Directive 2007/66/EC of the European Parliament and of the Council ( 3 ) and Directive 2014/23/EU of the European Parliament and of the Council ( 4 )
( 5 )
(Phase 2)
Article 1
Scope and availability of review procedures
Article 2
Requirements for review procedures
Article 2a
Standstill period
Article 2b
Derogations from the standstill period
Point (b) of the first paragraph
Article 2c
Time limits for applying for review
Article 2d
Ineffectiveness
Point (b) of paragraph 1
Paragraph 2 and 3
Article 2e
Infringements of this Directive and alternative penalties
Article 2f
Time limits
ANNEX XVI-E
BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
( 6 )
(Phase 3)
TITLE I
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I
Subject-matter and definitions
Article 1
Subject-matter and scope: paragraphs 1, 2, 5 and 6
Article 2
Definitions: points 1-9, 13-16 and 18-20
Article 3
Contracting authorities (paragraphs 1 and 4)
Article 4
Contracting entities: paragraphs 1-3
Article 5
Mixed procurement covering the same activity
Article 6
Procurement covering several activities
CHAPTER II
Activities
Article 7
Common provisions
Article 8
Gas and heat
Article 9
Electricity
Article 10
Water
Article 11
Transport services
Article 12
Ports and airports
Article 13
Postal services
Article 14
Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels
CHAPTER III
Material scope
Section 1
Thresholds
Article 15
Threshold amounts
Article 16
Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14
Section 2
Excluded contracts and design contests; special provisions for procurement involving defence and security aspects
Subsection 1:
Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors
Article 18
Contracts awarded for purposes of resale or lease to third parties: paragraph 1
Article 19
Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1
Article 20
Contracts awarded and design contests organised pursuant to international rules
Article 21
Specific exclusions for service contracts
Article 22
Service contracts awarded on the basis of an exclusive right
Article 23
Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy
Subsection 2:
Procurement involving defence and security aspects
Article 24
Defence and security
Article 25
Mixed procurement covering the same activity and involving defence or security aspects
Article 26
Procurement covering several activities and involving defence or security aspects
Article 27
Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
Subsection 3:
Special relations (cooperation, affiliated undertakings and joint ventures)
Article 28
Contracts between contracting authorities
Article 29
Contracts awarded to an affiliated undertaking
Article 30
Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture
Subsection 4:
Specific situations
Article 32
Research and development services
CHAPTER IV
General principles
Article 36
Principles of procurement
Article 37
Economic operators
Article 39
Confidentiality
Article 40
Rules applicable to communication
Article 41
Nomenclatures
Article 42
Conflicts of interest
TITLE II
RULES APPLICABLE TO CONTRACTS
CHAPTER I
Procedures
Article 44
Choice of procedures: paragraphs 1, 2, 4
Article 45
Open procedure
Article 46
Restricted procedure
Article 47
Negotiated procedure with prior call for competition
Article 50
Use of the negotiated procedure without prior call for competition: points (a) – (i)
CHAPTER III
Conduct of the procedure
Section 1
Preparation
Article 58
Preliminary market consultations
Article 59
Prior involvement of candidates or tenderers
Article 60
Technical specifications
Article 61
Labels
Article 62
Test reports, certification and other means of proof
Article 63
Communication of technical specifications
Article 64
Variants
Article 65
Division of contracts into lots
Article 66
Setting time limits
Section 2
Publication and transparency
Article 67
Periodic indicative notices
Article 68
Notices on the existence of a qualification system
Article 69
Contract notices
Article 70
Contract award notices: paragraphs 1, 3, 4
Article 71
Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5
Article 73
Electronic availability of procurement documents
Article 74
Invitations to candidates
Article 75
Informing applicants for qualification, candidates and tenderers
Section 3
Choice of participants and award of contracts
Article 76
General principles
Subsection 1:
Qualification and qualitative selection
Article 78
Criteria for qualitative selection
Article 79
Reliance on the capacities of other entities: paragraph 2
Article 80
Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU
Article 81
Quality assurance standards and environmental management standards: paragraphs 1, 2
Subsection 2:
Award of the contract
Article 82
Contract award criteria
Article 83
Life-cycle costing: paragraphs 1 and 2
Article 84
Abnormally low tenders: paragraphs 1-4
CHAPTER IV
Contract performance
Article 87
Conditions for performance of contracts
Article 88
Subcontracting
Article 89
Modification of contracts during their term
Article 90
Termination of contracts
TITLE III
PARTICULAR PROCUREMENT REGIMES
CHAPTER I
Social and other specific services
Article 91
Award of contracts for social and other specific services
Article 92
Publication of notices
Article 93
Principles of awarding contracts
ANNEXES
ANNEX I
List of activities as set out in point (a) of point 2 of Article 2
ANNEX V
Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests
ANNEX VI
Part A
Information to be included in the periodic indicative notice (as referred to in Article 67)
Part B
Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1))
ANNEX VIII
Definition of certain technical specifications
ANNEX IX
Features concerning publication
ANNEX X
Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68)
ANNEX XI
Information to be included in contract notices (as referred to in Article 69)
ANNEX XII
Information to be included in the contract award notice (as referred to in Article 70)
ANNEX XIII
Contents of the invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74
ANNEX XIV
List of International Social and Environmental Conventions referred to in Article 36(2)
ANNEX XVI
Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))
ANNEX XVII
Services referred to in Article 91
ANNEX XVIII
Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)
ANNEX XVI-F
BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
( 7 )
as amended by Directive 2007/66/EC of the European Parliament and of the Council ( 8 ) and Directive 2014/23/EU of the European Parliament and of the Council ( 9 )
( 10 )
(Phase 3)
Article 1
Scope and availability of review procedures
Article 2
Requirements for review procedures
Article 2a
Standstill period
Article 2b
Derogations from the standstill period
Point (b) of the first paragraph
Article 2c
Time limits for applying for review
Article 2d
Ineffectiveness
Point (b) of paragraph 1
Paragraphs 2 and 3
Article 2e
Infringements of this Directive and alternative penalties
Article 2f
Time limits
ANNEX XVI-G
(Phase 4)
I. OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 11 )
The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
TITLE I
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 2
Definitions (paragraph 1, points (14) and (16))
CHAPTER II
General rules
Article 20
Reserved contracts
TITLE II
RULES ON PUBLIC CONTRACTS
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 37
Centralised purchasing activities and central purchasing bodies
CHAPTER III
Conduct of the procedure
Section 3
Choice of participants and award of contracts
Subsection 1:
Criteria for qualitative selection
Article 64
Official lists of approved economic operators and certification by bodies established under public or private law
TITLE III
PARTICULAR PROCUREMENT REGIMES
CHAPTER I
Social and other specific services
Article 77
Reserved contracts for certain services
II. NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 12 )
The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
TITLE I
SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
CHAPTER I
Scope, general principles and definitions
Section IV
Specific situations
Article 24
Reserved concessions
ANNEX XVI-H
(Phase 4)
I. OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 13 )
TITLE I
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 2
Definitions (paragraph 1 point (21))
CHAPTER II
General rules
Article 22
Rules applicable to communication: paragraph 1
TITLE II
RULES ON PUBLIC CONTRACTS
CHAPTER I
Procedures
Article 26
Choice of procedures: paragraph 3, second alternative of paragraph 4
Article 30
Competitive dialogue
Article 31
Innovation Partnership
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 33
Framework agreements
Article 34
Dynamic purchasing systems
Article 35
Electronic auctions
Article 36
Electronic catalogues
Article 38
Occasional joint procurement
CHAPTER III
Conduct of the procedure
Section 2
Publication and Transparency
Article 50
Contract award notices: paragraphs 2 and 3
TITLE III
PARTICULAR PROCUREMENT REGIMES
CHAPTER II
Rules governing design contests
Article 78
Scope
Article 79
Notices
Article 80
Rules on the organisation of design contests and the selection of participants
Article 81
Composition of the jury
Article 82
Decisions of the jury
ANNEXES
ANNEX V
INFORMATION TO BE INCLUDED IN NOTICES
Part E:
INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1))
Part F:
INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2))
ANNEX VI
INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4))
II. MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 14 )
TITLE I
SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
CHAPTER I
Scope, general principles and definitions
Section I
Subject-matter, scope, general principles, definitions and threshold
Article 1
Subject-matter and scope: paragraphs 1, 2 and 4
Article 2
Principle of free administration by public authorities
Article 3
Principle of equal treatment, non-discrimination and transparency
Article 4
Freedom to define services of general economic interest
Article 5
Definitions
Article 6
Contracting authorities: paragraphs 1 and 4
Article 7
Contracting entities
Article 8
Threshold and methods for calculating the estimated value of concessions
Section II
Exclusions
Article 10
Exclusions applicable to concessions awarded by contracting authorities and contracting entities
Article 11
Specific exclusions in the field of electronic communications
Article 12
Specific exclusions in the field of water
Article 13
Concessions awarded to an affiliated undertaking
Article 14
Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture
Article 17
Concessions between entities within the public sector
Section III
General provisions
Article 18
Duration of the concession
Article 19
Social and other specific services
Article 20
Mixed contracts
Article 21
Mixed procurement contracts involving defence or security aspects
Article 22
Contracts covering both activities referred to in Annex II and other activities
Article 23
Concessions covering both activities referred to in Annex II and activities involving defence or security aspects
Section IV
Specific situations
Article 25
Research and development services
CHAPTER II
Principles
Article 26
Economic operators
Article 27
Nomenclatures
Article 28
Confidentiality
Article 29
Rules applicable to communication
TITLE II
RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES
CHAPTER I
General principles
Article 30
General principles: paragraphs 1, 2 and 3
Article 31
Concession notices
Article 32
Concession award notices
Article 33
Form and manner of publication of notices: first subparagraph of paragraph 1
Article 34
Electronic availability of concession documents
Article 35
Combating corruption and preventing conflicts of interest
CHAPTER II
Procedural guarantees
Article 36
Technical and functional requirements
Article 37
Procedural guarantees
Article 38
Selection of and qualitative assessment of candidates
Article 39
Time limits for receipt of applications and tenders for the concession
Article 40
Provision of information to candidates and tenderers
Article 41
Award criteria
TITLE III
RULES ON PERFORMANCE OF CONCESSIONS
Article 42
Subcontracting
Article 43
Modification of contracts during their term
Article 44
Termination of concessions
Article 45
Monitoring and Reporting
ANNEXES
ANNEX I
LIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5
ANNEX II
ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7
ANNEX III
LIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)
ANNEX IV
SERVICES REFERRED TO IN ARTICLE 19
ANNEX V
INFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31
ANNEX VI
INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)
ANNEX VII
INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32
ANNEX VIII
INFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32
ANNEX IX
FEATURES CONCERNING PUBLICATION
ANNEX X
LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)
ANNEX XI
INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43
ANNEX XVI-I
OTHER ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC
( 15 )
as amended by Directive 2007/66/EC of the European Parliament and of the Council ( 16 ) and Directive 2014/23/EU of the European Parliament and of the Council ( 17 )
(Phase 4)
Article 2b
Derogations from the standstill period
Point (c) of the first paragraph
Article 2d
Ineffectiveness
Point (c) of paragraph 1
Paragraph 5
ANNEX XVI-J
(Phase 5)
I. OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 18 )
The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
TITLE I
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I
Subject-matter and definitions
Article 2
Definitions: points 10-12
CHAPTER IV
General principles
Article 38
Reserved contracts
TITLE II
RULES APPLICABLE TO CONTRACTS
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 55
Centralised purchasing activities and central purchasing bodies
TITLE III
PARTICULAR PROCUREMENT REGIMES
CHAPTER I
Social and other specific services
Article 94
Reserved contracts for certain services
II. OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 19 )
TITLE I
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I
Subject-matter and definitions
Article 2
Definitions: point 17
CHAPTER III
Material scope
Section 1
Thresholds
Article 16
Methods for calculating the estimated value of procurement: paragraphs 5, 6
TITLE II
RULES APPLICABLE TO CONTRACTS
CHAPTER I
Procedures
Article 44
Choice of procedures: paragraph 3
Article 48
Competitive dialogue
Article 49
Innovation Partnership
Article 50
Use of the negotiated procedure without prior call for competition: point (j)
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 51
Framework agreements
Article 52
Dynamic purchasing systems
Article 53
Electronic auctions
Article 54
Electronic catalogues
Article 56
Occasional joint procurement
CHAPTER III
Conduct of the procedure
Section 2
Publication and transparency
Article 70
Contract award notices: paragraph 2
Section 3
Choice of participants and award of contracts
Subsection 1:
Qualification and qualitative selection
Article 77
Qualification systems
Article 79
Reliance on the capacities of other entities: paragraph 1
TITLE III
PARTICULAR PROCUREMENT REGIMES
CHAPTER II
Rules governing design contests
Article 95
Scope
Article 96
Notices
Article 97
Rules on the organisation of design contests, the selection of participants and the jury
Article 98
Decisions of the jury
ANNEXES
ANNEX VII
Information to be included in the procurement documents relating to electronic auctions (Article 53(4))
ANNEX XIX
Information to be included in the design contest notice (as referred to in Article 96(1))
ANNEX XX
Information to be included in the results of design contest notices (as referred to in Article 96(1))
ANNEX XVI-K
OTHER ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
( 20 )
as amended by Directive 2007/66/EC of the European Parliament and of the Council ( 21 ) and Directive 2014/23/EU of the European Parliament and of the Council ( 22 )
(Phase 5)
Article 2b
Derogations from the standstill period
Point (c) of the first paragraph
Article 2d
Ineffectiveness
Point (c) of paragraph 1
Paragraph 5
ANNEX XVI-L
I. PROVISIONS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 23 ) OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
TITLE I
SCOPE, DEFINITIONS AND GENERAL PRINCIPLES
CHAPTER I
Scope and definitions
Section 1
Subject-matter and definitions
Article 1
Subject-matter and scope: paragraphs 3 and 4
Article 2
Definitions: paragraph 2
Section 2
Thresholds
Article 6
Revision of the thresholds and of the list of central government authorities
TITLE II
RULES ON PUBLIC CONTRACTS
CHAPTER I
Procedures
Article 25
Conditions relating to the GPA and other international agreements
CHAPTER II
Techniques and instruments for electronic and aggregated procurement
Article 39
Procurement involving contracting authorities from different Member States
CHAPTER III
Conduct of the procedure
Section 1
Preparation
Article 44
Test reports, certification and other means of proof: paragraph 3
Section 2
Publication and transparency
Article 51
Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6
Article 52
Publication at national level
Section 3
Choice of participants and award of contracts
Subsection 1:
Criteria for qualitative selection
Article 61
Online repository of certificates (e-Certis)
Article 62
Quality assurance standards and environmental management standards: paragraph 3
Subsection 3:
Award of the Contract
Article 68
Life-cycle costing: paragraph 3
Article 69
Abnormally low tender: paragraph 5
TITLE IV
GOVERNANCE
Article 83
Enforcement
Article 84
Individual reports on procedures for the award of contracts
Article 85
National reporting and statistical information
Article 86
Administrative cooperation
TITLE V
DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
Article 87
Exercise of the delegation of powers
Article 88
Urgency procedure
Article 89
Committee procedure
Article 90
Transposition and transitional provisions
Article 91
Repeals
Article 92
Review
Article 93
Entry into force
Article 94
Addressees
ANNEXES
ANNEX I
CENTRAL GOVERNMENT AUTHORITIES
ANNEX VIII
FEATURES CONCERNING PUBLICATION
ANNEX XI
REGISTERS
ANNEX XIII
LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3)
ANNEX XV
CORRELATION TABLE
II. PROVISIONS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ( 24 ) OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
TITLE I
SUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONS
CHAPTER I
Scope, general principles and definitions
Section I
Subject-matter, scope, general principles, definitions and threshold
Article 1
Subject-matter and scope: paragraph 3
Article 6
Contracting authorities: paragraphs 2 and 3
Article 9
Revision of the threshold
Section II
Exclusions
Article 15
Notification of information by contracting entities
Article 16
Exclusion of activities which are directly exposed to competition
TITLE II
RULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEES
CHAPTER I
General principles
Article 30
General principles: paragraph 4
Article 33
Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4
TITLE IV
AMENDMENTS TO DIRECTIVES 89/665/EEC AND 92/13/EEC
Article 46
Amendments to Directive 89/665/EEC
Article 47
Amendments to Directive 92/13/EEC
TITLE V
DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
Article 48
Exercise of the delegation
Article 49
Urgency procedure
Article 50
Committee procedure
Article 51
Transposition
Article 52
Transitional provisions
Article 53
Monitoring and reporting
Article 54
Entry into force
Article 55
Addressees
ANNEX XVI-M
PROVISIONS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
( 25 )
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 contracts
Subsection 1:
Qualification and qualitative selection
Article 81
Quality assurance standards and environmental management standards: paragraph 3
Subsection 2:
Award of the contract
Article 83
Life-cycle costing: paragraph 3
Section 4
Tenders comprising products originating in third countries and relations with those countries
Article 85
Tenders comprising products originating in third countries
Article 86
Relations with third countries as regards works, supplies and service contracts
TITLE IV
GOVERNANCE
Article 99
Enforcement
Article 100
Individual reports on procedures for the award of contracts
Article 101
National reporting and statistical information
Article 102
Administrative cooperation
TITLE V
DELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONS
Article 103
Exercise of the delegation
Article 104
Urgency procedure
Article 105
Committee procedure
Article 106
Transposition and transitional provisions
Article 107
Repeal
Article 108
Review
Article 109
Entry into force
Article 110
Addressees
ANNEXES
ANNEX II
List of Union legal acts referred to in Article 4(3)
ANNEX III
List of Union legal acts referred to in Article 34(3)
ANNEX IV
Deadlines for the adoption of the implementing acts referred to in Article 35
ANNEX XV
List of Union legal acts referred to in Article 83(3)
ANNEX XVI-N
PROVISIONS OF COUNCIL DIRECTIVE 89/665/EEC
( 26 )
AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
( 27 )
AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
( 28 )
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 paragraph 1
Paragraph 4
Article 3
Corrective mechanism
Article 3a
Content of a notice for voluntary ex ante transparency
Article 3b
Committee procedure
Article 4
Implementation
Article 4a
Review
ANNEX XVI-O
PROVISIONS OF COUNCIL DIRECTIVE 92/13/EEC
( 29 )
AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
( 30 )
AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
( 31 )
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 paragraph 1
Paragraph 4
Article 3a
Content of a notice for voluntary ex ante transparency
Article 3b
Committee procedure
Article 8
Corrective mechanism
Article 12
Implementation
Article 12a
Review
ANNEX XVI-P
GEORGIA: INDICATIVE LIST OF ISSUES FOR COOPERATION
1.
Training, in Georgia and EU Member States, of Georgian officials from government bodies engaged in public procurement;
2.
Training of suppliers interested participating in public procurement;
3.
Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;
4.
Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring;
5.
Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement;
6.
Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 143 paragraph 2 of this Agreement).
’.
( 1 ) 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.
( 2 ) 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.
( 3 ) 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.
( 4 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 5 ) Georgian legislation implementing Annex XVI-D shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
( 6 ) 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.
( 7 ) 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.
( 8 ) 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.
( 9 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 10 ) Georgian legislation implementing Annex XVI-F shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
( 11 ) 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.
( 12 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 13 ) 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.
( 14 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 15 ) 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.
( 16 ) 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.
( 17 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 18 ) 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.
( 19 ) 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.
( 20 ) 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.
( 21 ) 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.
( 22 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 23 ) 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.
( 24 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 25 ) 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.
( 26 ) 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.
( 27 ) 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.
( 28 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
( 29 ) 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.
( 30 ) 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.
( 31 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts.
