title: Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken on behalf of the European Union within 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 Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement

text:
                  28.9.2018

                  EN

                  Official Journal of the European Union

                  L 244/81

         COUNCIL DECISION (EU) 2018/1303
         of 18 September 2018
         on the position to be taken on behalf of the European Union within 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 Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’) was concluded by the Union by Council Decision (EU) 2016/838 (2) and entered into force on 1 July 2016.

                     (2)

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

                     (3)

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

                     (4)

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

                     (5)

                     Pursuant to Article 47(1) of the Agreement, Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.

                     (6)

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

                     (7)

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

                     (8)

                     It is appropriate to publish in the Official Journal of the European Union, after their adoption, the decisions of the Association Committee in Trade configuration updating Annex III and Annex XVI to the Agreement.

                     (9)

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

               HAS ADOPTED THIS DECISION:

            Article 1
            The position to be taken on the Union's behalf within the Association Committee in Trade configuration shall be based on the following draft Decisions of the Association Committee in Trade configuration attached to this Decision:

                        (a)

                        Decision No 1/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology;

                        (b)

                        Decision No 2/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex XVI to the Agreement (public procurement).

            Article 2
            After their adoption, the Decisions of the Association Committee in Trade configuration referred to in Article 1 shall be published in the Official Journal of the European Union.

            Article 3
            This Decision is addressed to the Commission.

            Done at Brussels, 18 September 2018.

                  For the Council

                  The President

               G. BLÜMEL

            (1)  OJ L 261, 30.8.2014, p. 4.

            (2)  Council Decision (EU) 2016/838 of 23 May 2016 on the conclusion, on behalf of the European Union, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (OJ L 141, 28.5.2016, p. 26).

            (3)  Decision No 3/2014 of the EU-Georgia Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263] (OJ L 321, 5.12.2015, p. 72.).

            DRAFT
            DECISION No 1/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
            of … 2018
            updating Annex III-A to the Association Agreement
            THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
            Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 47 thereof,
            Whereas:

                        (1)

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

                        (2)

                        Article 47 of the Agreement provides that Georgia is to gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration.

                        (3)

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

                        (4)

                        It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex.

                        (5)

                        In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety and replaced.

                        (6)

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

                  HAS ADOPTED THIS DECISION:

               Article 1
               Annex III-A to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.

               Article 2
               This Decision shall enter into force on the date of its adoption.

               Done at …,

                     For the Association Committee in Trade configuration

                     The Chair

               ANNEX
               ‘

                        ANNEX III-A

                           LIST OF SECTORAL LEGISLATION FOR APPROXIMATION

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

                                    1.

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

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

                                    2.

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

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

                                    3.

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

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

                                    4.

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

                                    Timetable: during 2013

                                    5.

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

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

                                    6.

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

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

                                    7.

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

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

                                    8.

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

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

                                    9.

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

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

                                    10.

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

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

                                    11.

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

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

                                    12.

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

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

                                    13.

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

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

                                    14.

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

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

                                    15.

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

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

                                    16.

                                    Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (16)

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

                                    17.

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

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

                                    18.

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

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

                                    19.

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

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

                                    20.

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

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

                  ’.

                  (1)  OJ L 81, 31.3.2016, p. 1.

                  (2)  OJ L 96, 29.3.2014, p. 251.

                  (3)  OJ L 189, 27.6.2014, p. 164.

                  (4)  OJ L 167, 22.6.1992, p. 17.

                  (5)  OJ L 96, 29.3.2014, p. 45.

                  (6)  OJ L 354, 28.12.2013, p. 90.

                  (7)  OJ L 94, 5.4.2008, p. 8.

                  (8)  OJ L 96, 29.3.2014, p. 309.

                  (9)  OJ L 153, 22.5.2014, p. 62.

                  (10)  OJ L 96, 29.3.2014, p. 79.

                  (11)  OJ L 96, 29.3.2014, p. 357.

                  (12)  OJ L 117, 5.5.2017, p. 1.

                  (13)  OJ L 117, 5.5.2017, p. 176.

                  (14)  OJ L 81, 31.3.2016, p. 99.

                  (15)  OJ L 81, 31.3.2016, p. 51.

                  (16)  OJ L 157, 9.6.2006, p. 24.

                  (17)  OJ L 170, 30.6.2009, p. 1.

                  (18)  OJ L 88, 4.4.2011, p. 5.

                  (19)  OJ L 96, 29.3.2014, p. 107.

                  (20)  OJ L 96, 29.3.2014, p. 149.

            DRAFT
            DECISION No 2/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
            of … 2018
            updating Annex XVI to the Association Agreement
            THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
            Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 142, Article 146 and Article 408 thereof,
            Having regard to Decision No 3/2014 of the Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration (1),
            Whereas:

                        (1)

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

                        (2)

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

                        (3)

                        Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration.

                        (4)

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

                        (5)

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

                                    (a)

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

                                    (b)

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

                                    (c)

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

                        (6)

                        It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 142 and 146 of the Agreement.

                        (7)

                        In the interest of clarity, Annex XVI should be updated in its entirety and replaced,

                  HAS ADOPTED THIS DECISION:

               Article 1
               Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.

               Article 2
               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 321, 5.12.2015, p. 72.

               (2)  OJ L 94, 28.3.2014, p. 1.

               (3)  OJ L 94, 28.3.2014, p. 65.

               (4)  OJ L 94, 28.3.2014, p. 243.

               ANNEX
               ‘

                        ANNEX 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.