title: Council Decision (EU) 2017/43 of 12 December 2016 on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement

text:
               11.1.2017

               EN

               Official Journal of the European Union

               L 6/2

         COUNCIL DECISION (EU) 2017/43
   of 12 December 2016
   on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and Ukraine, of the other part (1) (‘the Agreement’), provides for the provisional application of the Agreement in part, as specified by the Union.

               (2)

               Article 1 of Council Decision 2014/668/EU (2) specifies the provisions of the Agreement to be applied provisionally, including the provisions on public procurement, and Annex XXI to the Agreement. The provisional application of those provisions is effective from 1 January 2016.

               (3)

               Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement.

               (4)

               Several Union acts listed in Annexe XXI to the Agreement have been amended or repealed since the initialling of the Agreement on 30 March 2012.

               (5)

               Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement are to be revised regularly, beginning in the first even year following the entry into force of the Agreement.

               (6)

               It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis by amending certain deadlines.

               (7)

               It is therefore necessary to update Annex XXI in order to reflect the developments to the Union acquis listed therein, and revise the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement.

               (8)

               Article 149 of the Agreement provides that the revision of the thresholds provided for in Annex XXI-P to the Agreement shall be adopted by decision of the Association Committee in Trade configuration.

               (9)

               Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.

               (10)

               Article 1 of the Association Council Decision No 3/2014 (3) delegates the power to update or amend the trade-related annexes of the Agreement to the Association Committee in Trade configuration, including Annex XXI pertaining to Chapter 8 (Public Procurement) of Title IV (Trade and trade-related matters).

               (11)

               It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to the update of Annex XXI to the Agreement to be adopted by the Association Committee in Trade configuration.

               (12)

               Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation and institutional capacity building. This roadmap shall comply with the phases and time schedules set out in Annex XXI-A to the Agreement.

               (13)

               Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation i.e. for the legislative approximation of the public procurement related legislation to the Union acquis.

               (14)

               It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to a favourable opinion regarding the comprehensive roadmap to be adopted by the Association Committee in Trade configuration,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on behalf of the European Union in the Association Committee in Trade configuration established by Article 465 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), in relation to the update of Annex XXI of the Agreement shall be based on the draft Decision of that Committee, attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council of the European Union.
   Article 2
   The position to be adopted on behalf of the Union within the Association Committee in Trade configuration established by Article 465 of the Agreement, in relation to the favourable opinion regarding the comprehensive roadmap shall be based on the draft Decision of that Committee referred to in Article 1(1).
   Article 3
   The Decisions of the Association Committee in Trade configuration shall be published in the Official Journal of the European Union after their adoption.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 December 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 161, 29.5.2014, p. 3.

      (2)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

      (3)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4).

      DRAFT
      DECISION No 1/2016 OF THE EU-UKRAINE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
      of …
      updating Annex XXI to the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement
      THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), and in particular Article 149, Article 153 and Article 463 thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016.

                  (2)

                  Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement.

                  (3)

                  Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement.

                  (4)

                  Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts:

                              (a)

                              Directive 2014/23/EU of the European Parliament and of the Council (2);

                              (b)

                              Directive 2014/24/EU of the European Parliament and of the Council (3);

                              (c)

                              Directive 2014/25/EU of the European Parliament and of the Council (4).

                  (5)

                  The above-mentioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170 (5), (EU) 2015/2171 (6) and (EU) 2015/2172 (7), respectively.

                  (6)

                  Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement.

                  (7)

                  It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement.

                  (8)

                  The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis.

                  (9)

                  Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions.

                  (10)

                  The EU-Ukraine Association Council empowered the Association Committee in Trade configuration in its Decision No 3/2014 (8) of 15 December 2014 to update or amend certain trade-related annexes.

                  (11)

                  Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis.

                  (12)

                  Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union acquis.

                  (13)

                  It is therefore appropriate for the Association Committee in Trade configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XXI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex, which is attached to this Decision.
      Article 2
      A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the government of Ukraine on 24 February 2016.
      Article 3
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the Association Committee in Trade configuration

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.

         (2)  Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).

         (3)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

         (4)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

         (5)  Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 5).

         (6)  Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 7).

         (7)  Commission Delegated Regulation (EU) 2015/2172 of 24 November 2015 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 9).

         (8)  Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4).

         ANNEX XXI-A TO CHAPTER 8
         INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, LEGISLATIVE APPROXIMATION AND MARKET ACCESS

                     Phase

                     Indicative time schedule

                     Market access granted to the EU by Ukraine

                     Market access granted to Ukraine by the EU

                     1.

                     Implementation of Articles 150(2) and 151 of this Agreement
                     Agreement of the Reform Strategy set out in Article 152 of this Agreement

                     6 months after the entry into force of this Agreement

                     Supplies for central government authorities

                     Supplies for central government authorities

                     2.

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

                     3 years after the entry into force of this Agreement

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

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

                     Annexes XXI-B and XXI-C

                     3.

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

                     4 years after the entry into force of this Agreement

                     Supplies for all contracting entities in the utilities sector

                     Supplies for all contracting entities

                     Annexes XXI-D and XXI-E

                     4.

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

                     6 years after the entry into force of this Agreement

                     Service and works contracts and concessions for all contracting authorities

                     Service and works contracts and concessions for all contracting authorities

                     Annexes XXI-F, XXI-G, and XXI-H

                     5.

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

                     8 years after the entry into force of this Agreement

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

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

                     Annexes XXI-I and XXI-J

         ANNEX XXI-B TO CHAPTER 8
         BASIC ELEMENTS OF DIRECTIVE 2014/24/EU
         of 26 February 2014 on public procurement
         (Phase 2)
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions

                     Section 1

                  Subject-matter and definitions

                     Article 1

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

                     Article 2

                  Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23), (24)

                     Article 3

                  Mixed procurement

                     Section 2

                  Thresholds

                     Article 4

                  Threshold amounts

                     Article 5

                  Methods for calculating the estimated value of procurement

                     Section 3

                  Exclusions

                     Article 7

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

                     Article 8

                  Specific exclusions in the field of electronic communications

                     Article 9

                  Public contracts awarded and design contests organised pursuant to international rules

                     Article 10

                  Specific exclusions for service contracts

                     Article 11

                  Service contracts awarded on the basis of an exclusive right

                     Article 12

                  Public contracts between entities within the public sector

                     Section 4

                  Specific situations

                     Subsection 1

                  Subsidised contracts and research and development services

                     Article 13

                  Contracts subsidised by contracting authorities

                     Article 14

                  Research and development services

                     Subsection 2

                  Procurement involving defence and security aspects

                     Article 15

                  Defence and security

                     Article 16

                  Mixed procurement involving defence or security aspects

                     Article 17

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

               CHAPTER II
         General Rules

                     Article 18

                  Principles of procurement

                     Article 19

                  Economic operators

                     Article 21

                  Confidentiality

                     Article 22

                  Rules applicable to communication: paragraphs 2-6

                     Article 23

                  Nomenclatures

                     Article 24

                  Conflicts of interest

               TITLE II
         Rules on public contracts
         CHAPTER I
         Procedures

                     Article 26

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

                     Article 27

                  Open procedure

                     Article 28

                  Restricted procedure

                     Article 29

                  Competitive procedure with negotiation

                     Article 32

                  Use of the negotiated procedure without prior publication

               CHAPTER III
         Conduct of the procedure

                     Section 1

                  Preparation

                     Article 40

                  Preliminary market consultations

                     Article 41

                  Prior involvement of candidates or tenderers

                     Article 42

                  Technical specifications

                     Article 43

                  Labels

                     Article 44

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

                     Article 45

                  Variants

                     Article 46

                  Division of contracts into lots

                     Article 47

                  Setting time limits

                     Section 2

                  Publication and transparency

                     Article 48

                  Prior information notices

                     Article 49

                  Contract notices

                     Article 50

                  Contract award notices: paragraphs 1 and 4

                     Article 51

                  Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5

                     Article 53

                  Electronic availability of procurement documents

                     Article 54

                  Invitations to candidates

                     Article 55

                  Informing candidates and tenderers

                     Section 3

                  Choice of participants and award of contracts

                     Article 56

                  General principles

                     Subsection 1

                  Criteria for qualitative selection

                     Article 57

                  Exclusion grounds

                     Article 58

                  Selection criteria

                     Article 59

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

                     Article 60

                  Means of proof

                     Article 62

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

                     Article 63

                  Reliance on the capacities of other entities

                     Subsection 2

                  Reduction of numbers of candidates, tenders and solutions

                     Article 65

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

                     Article 66

                  Reduction of the number of tenders and solutions

                     Subsection 3

                  Award of the contract

                     Article 67

                  Contract award criteria

                     Article 68

                  Life-cycle costing: paragraphs 1 and 2

                     Article 69

                  Abnormally low tenders: paragraphs 1 to 4

               CHAPTER IV
         Contract performance

                     Article 70

                  Conditions for performance of contracts

                     Article 71

                  Subcontracting

                     Article 72

                  Modification of contracts during their term

                     Article 73

                  Termination of contracts

               TITLE III
         Particular procurement regimes
         CHAPTER I
         Social and other specific services

                     Article 74

                  Award of contracts for social and other specific services

                     Article 75

                  Publication of notices

                     Article 76

                  Principles of awarding contracts

               ANNEXES

                     ANNEX II

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

                     ANNEX III

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

                     ANNEX IV

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

                     ANNEX V

                  INFORMATION TO BE INCLUDED IN NOTICES

                     Part A:

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

                     Part B:

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

                     Part C:

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

                     Part D:

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

                     Part G:

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

                     Part H:

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

                     Part I:

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

                     Part J:

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

                     ANNEX VII

                  DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS

                     ANNEX IX

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

                     ANNEX X

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

                     ANNEX XII

                  MEANS OF PROOF OF SELECTION CRITERIA

                     ANNEX XIV

                  SERVICES REFFERED TO IN ARTICLE 74

         ANNEX XXI-C TO CHAPTER 8
         BASIC ELEMENTS OF DIRECTIVE 89/665/EEC
         of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (Directive 89/665/EEC)
         as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (Directive 2007/66/EC) and by Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (Directive 2014/23/EU)
         (Phase 2)

                     Article 1

                  Scope and availability of review procedures

                     Article 2

                  Requirements for review procedures

                     Article 2a

                  Standstill period

                     Article 2b

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

                     Article 2c

                  Time limits for applying for review

                     Article 2d

                     Ineffectiveness
                     Paragraph 1(b)
                     Paragraphs 2 and 3

                     Article 2e

                  Infringements of this Directive and alternative penalties

                     Article 2f

                  Time limits

         ANNEX XXI-D TO CHAPTER 8
         BASIC ELEMENTS OF DIRECTIVE 2014/25/EU
         of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors
         (Phase 3)
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions

                     Article 1

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

                     Article 2

                  Definitions: points 1 to 9, 13 to 16 and 18 to 20

                     Article 3

                  Contracting authorities (paragraphs 1 and 4)

                     Article 4

                  Contracting entities: paragraphs 1 to 3

                     Article 5

                  Mixed procurement covering the same activity

                     Article 6

                  Procurement covering several activities

               CHAPTER II
         Activities

                     Article 7

                  Common provisions

                     Article 8

                  Gas and heat

                     Article 9

                  Electricity

                     Article 10

                  Water

                     Article 11

                  Transport services

                     Article 12

                  Ports and airports

                     Article 13

                  Postal services

                     Article 14

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

               CHAPTER III
         Material scope

                     Section 1

                  Thresholds

                     Article 15

                  Threshold amounts

                     Article 16

                  Methods for calculating the estimated value of procurement: paragraphs 1 to 4 and 7 to 14

                     Section 2

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

                     Subsection 1

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

                     Article 18

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

                     Article 19

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

                     Article 20

                  Contracts awarded and design contests organised pursuant to international rules

                     Article 21

                  Specific exclusions for service contracts

                     Article 22

                  Service contracts awarded on the basis of an exclusive right

                     Article 23

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

                     Subsection 2

                  Procurement involving defence and security aspects

                     Article 24

                  Defence and security

                     Article 25

                  Mixed procurement covering the same activity and involving defence or security aspects

                     Article 26

                  Procurement covering several activities and involving defence or security aspects

                     Article 27

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

                     Subsection 3

                  Special relations (cooperation, affiliated undertakings and joint ventures)

                     Article 28

                  Contracts between contracting authorities

                     Article 29

                  Contracts awarded to an affiliated undertaking

                     Article 30

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

                     Subsection 4

                  Specific situations

                     Article 32

                  Research and development services

               CHAPTER IV
         General principles

                     Article 36

                  Principles of procurement

                     Article 37

                  Economic operators

                     Article 39

                  Confidentiality

                     Article 40

                  Rules applicable to communication

                     Article 41

                  Nomenclatures

                     Article 42

                  Conflicts of interest

               TITLE II
         Rules applicable to contracts
         CHAPTER I
         Procedures

                     Article 44

                  Choice of procedures: paragraphs 1, 2 and 4

                     Article 45

                  Open procedure

                     Article 46

                  Restricted procedure

                     Article 47

                  Negotiated procedure with prior call for competition

                     Article 50

                  Use of the negotiated procedure without prior call for competition: points (a) to (i)

               CHAPTER III
         Conduct of the procedure

                     Section 1

                  Preparation

                     Article 58

                  Preliminary market consultations

                     Article 59

                  Prior involvement of candidates or tenderers

                     Article 60

                  Technical specifications

                     Article 61

                  Labels

                     Article 62

                  Test reports, certification and other means of proof

                     Article 63

                  Communication of technical specifications

                     Article 64

                  Variants

                     Article 65

                  Division of contracts into lots

                     Article 66

                  Setting time limits

                     Section 2

                  Publication and transparency

                     Article 67

                  Periodic indicative notices

                     Article 68

                  Notices on the existence of a qualification system

                     Article 69

                  Contract notices

                     Article 70

                  Contract award notices: paragraphs 1, 3 and 4

                     Article 71

                  Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5

                     Article 73

                  Electronic availability of procurement documents

                     Article 74

                  Invitations to candidates

                     Article 75

                  Informing applicants for qualification, candidates and tenderers

                     Section 3

                  Choice of participants and award of contract

                     Article 76

                  General principles

                     Subsection 1

                  Qualification and qualitative selection

                     Article 78

                  Criteria for qualitative selection

                     Article 79

                  Reliance on the capacities of other entities: paragraph 2

                     Article 80

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

                     Article 81

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

                     Subsection 2

                  Award of the contract

                     Article 82

                  Contract award criteria

                     Article 83

                  Life-cycle costing: paragraphs 1 and 2

                     Article 84

                  Abnormally low tenders: paragraphs 1 to 4

               CHAPTER IV
         Contract performance

                     Article 87

                  Conditions for performance of contracts

                     Article 88

                  Subcontracting

                     Article 89

                  Modification of contracts during their term

                     Article 90

                  Termination of contracts

               TITLE III
         Particular procurement regimes
         CHAPTER I
         Social and other specific services

                     Article 91

                  Award of contracts for social and other specific services

                     Article 92

                  Publication of notices

                     Article 93

                  Principles of awarding contracts

               ANNEXES

                     ANNEX I

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

                     ANNEX V

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

                     ANNEX VI A

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

                     ANNEX VI B

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

                     ANNEX VIII

                  Definition of certain technical specifications

                     ANNEX IX

                  Features concerning publication

                     ANNEX X

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

                     ANNEX XI

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

                     ANNEX XII

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

                     ANNEX XIII

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

                     ANNEX XIV

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

                     ANNEX XVI

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

                     ANNEX XVII

                  Services referred to in Article 91

                     ANNEX XVIII

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

         ANNEX XXI-E TO CHAPTER 8
         BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC
         of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (Directive 92/13/EEC)
         as amended by Directive 2007/66/EC and Directive 2014/23/EU
         (Phase 3)

                     Article 1

                  Scope and availability of review procedures

                     Article 2

                  Requirements for review procedures

                     Article 2a

                  Standstill period

                     Article 2b

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

                     Article 2c

                  Time limits for applying for review

                     Article 2d

                     Ineffectiveness
                     Paragraphs 1(b), 2 and 3

                     Article 2e

                  Infringements of this Directive and alternative penalties

                     Article 2f

                  Time limits

         ANNEX XXI-F TO CHAPTER 8I.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU(Phase 4)
         The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions

                     Section 1

                  Subject-matter and definitions

                     Article 2

                  Definitions (paragraph 1, points (14) and (16))

                     Article 20

                  Reserved contracts

               TITLE II
         Rules on public contracts
         CHAPTER II
         Techniques and instruments for electronic and aggregated procurement

                     Article 37

                  Centralised purchasing activities and central purchasing bodies

               CHAPTER III
         Conduct of the procedure

                     Section 3

                  Choice of participants and award of contracts

                     Article 64

                  Official lists of approved economic operators and certification by bodies established under public or private law

               TITLE III
         Particular procurement regimes
         CHAPTER I

                     Article 77

                  Reserved contracts for certain services

               II.   NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU(Phase 4)
         The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B
         TITLE I
         Subject matter, scope, principles and definitions
         CHAPTER I
         Scope, general principles and definitions

                     Section IV

                  Specific situations

                     Article 24

                  Reserved Concessions

         ANNEX XXI-G TO CHAPTER 8I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU(Phase 4)
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions

                     Section 1

                  Subject-matter and definitions

                     Article 2

                  Definitions (paragraph 1, point (21))

                     Article 22

                  Rules applicable to communication: paragraph 1

               TITLE II
         Rules on public contracts
         CHAPTER I
         Procedures

                     Article 26

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

                     Article 30

                  Competitive dialogue

                     Article 31

                  Innovation Partnership

               CHAPTER II
         Techniques and instruments for electronic and aggregated procurement

                     Article 33

                  Framework agreements

                     Article 34

                  Dynamic purchasing systems

                     Article 35

                  Electronic auctions

                     Article 36

                  Electronic catalogues

                     Article 38

                  Occasional joint procurement

               CHAPTER III
         Conduct of the procedure

                     Section 2

                  Publication and Transparency

                     Article 50

                  Contract award notices: paragraphs 2 and 3

               TITLE III
         Particular procurement regimes
         CHAPTER II
         Rules governing design contests

                     Article 78

                  Scope

                     Article 79

                  Notices

                     Article 80

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

                     Article 81

                  Composition of the jury

                     Article 82

                  Decisions of the jury

               ANNEXES

                     ANNEX V

                  INFORMATION TO BE INCLUDED IN NOTICES

                     Part E:

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

                     Part F:

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

                     ANNEX VI

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

               II.   MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU(Phase 4)
         TITLE I
         Subject matter, scope, principles and definitions
         CHAPTER I
         Scope, general principles and definitions

                     Section I

                  Subject-matter, scope, general principles, definitions and threshold

                     Article 1

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

                     Article 2

                  Principle of free administration by public authorities

                     Article 3

                  Principle of equal treatment, non-discrimination and transparency

                     Article 4

                  Freedom to define services of general economic interest

                     Article 5

                  Definitions

                     Article 6

                  Contracting authorities: paragraphs 1 and 4

                     Article 7

                  Contracting entities

                     Article 8

                  Threshold and methods for calculating the estimated value of concessions

                     Section II

                  Exclusions

                     Article 10

                  Exclusions applicable to concessions awarded by contracting authorities and contracting entities

                     Article 11

                  Specific exclusions in the field of electronic communications

                     Article 12

                  Specific exclusions in the field of water

                     Article 13

                  Concessions awarded to an affiliated undertaking

                     Article 14

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

                     Article 17

                  Concessions between entities within the public sector

                     Section III

                  General provisions

                     Article 18

                  Duration of the concession

                     Article 19

                  Social and other specific services

                     Article 20

                  Mixed contracts

                     Article 21

                  Mixed procurement contracts involving defence or security aspects

                     Article 22

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

                     Article 23

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

                     Article 25

                  Research and development services

               CHAPTER II
         Principles

                     Article 26

                  Economic operators

                     Article 27

                  Nomenclatures

                     Article 28

                  Confidentiality

                     Article 29

                  Rules applicable to communication

               TITLE II
         Rules on the award of concessions: General principles and procedural guarantees
         CHAPTER I
         General principles

                     Article 30

                  General principles: paragraphs 1, 2 and 3

                     Article 31

                  Concession notices

                     Article 32

                  Concession award notices

                     Article 33

                  Form and manner of publication of notices: first subparagraph of paragraph 1

                     Article 34

                  Electronic availability of concession documents

                     Article 35

                  Combating corruption and preventing conflicts of interest

               CHAPTER II
         Procedural guarantees

                     Article 36

                  Technical and functional requirements

                     Article 37

                  Procedural guarantees

                     Article 38

                  Selection of and qualitative assessment of candidates

                     Article 39

                  Time limits for receipt of applications and tenders for the concession

                     Article 40

                  Provision of information to candidates and tenderers

                     Article 41

                  Award criteria

               TITLE III
         Rules on performance of concessions

                     Article 42

                  Subcontracting

                     Article 43

                  Modification of contracts during their term

                     Article 44

                  Termination of concessions

                     Article 45

                  Monitoring and Reporting

               ANNEXES

                     ANNEX I

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

                     ANNEX II

                  ACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7

                     ANNEX III

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

                     ANNEX IV

                  SERVICES REFERRED TO IN ARTICLE 19

                     ANNEX V

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

                     ANNEX VI

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

                     ANNEX VII

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

                     ANNEX VIII

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

                     ANNEX IX

                  FEATURES CONCERNING PUBLICATION

                     ANNEX X

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

                     ANNEX XI

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

         ANNEX XXI-H TO CHAPTER 8
         OTHER ELEMENTS OF DIRECTIVE 89/665/EEC
         as amended by Directive 2007/66/EC and Directive 2014/23/EU
         (Phase 4)

                     Article 2b

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

                     Article 2d

                     Ineffectiveness
                     Point (c) of the first paragraph of Article 2d
                     Paragraph 5

         ANNEX XXI-I TO CHAPTER 8
         (Phase 5)
         I.   OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions

                     Article 2

                  Definitions: point 17

               CHAPTER III
         Material scope

                     Section 1

                  Thresholds

                     Article 16

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

               TITLE II
         Rules applicable to contracts
         CHAPTER I
         Procedures

                     Article 44

                  Choice of procedures: paragraph 3

                     Article 48

                  Competitive dialogue

                     Article 49

                  Innovation Partnership

                     Article 50

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

               CHAPTER II
         Techniques and instruments for electronic and aggregated procurement

                     Article 51

                  Framework agreements

                     Article 52

                  Dynamic purchasing systems

                     Article 53

                  Electronic auctions

                     Article 54

                  Electronic catalogues

                     Article 56

                  Occasional joint procurement

               CHAPTER III
         Conduct of the procedure

                     Section 2

                  Publication and transparency

                     Article 70

                  Contract award notices: paragraph 2

                     Section 3

                  Choice of participants and award of contract

                     Subsection 1

                  Qualification and qualitative selection

                     Article 77

                  Qualification systems

                     Article 79

                  Reliance on the capacities of other entities: paragraph 1

               TITLE III
         Particular procurement regimes
         CHAPTER II
         Rules governing design contests

                     Article 95

                  Scope

                     Article 96

                  Notices

                     Article 97

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

                     Article 98

                  Decision of the jury

               ANNEXES

                     ANNEX VII

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

                     ANNEX XIX

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

                     ANNEX XX

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

               II.   OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU
         The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B.
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions

                     Article 2

                  Definitions: points 10 to 12

               CHAPTER IV
         General principles

                     Article 38

                  Reserved contracts

               TITLE II
         Rules applicable to contracts
         CHAPTER I
         Procedures

                     Article 55

                  Centralised purchasing activities and central purchasing bodies

               TITLE III
         Particular procurement regimes
         CHAPTER I
         Social and other specific services

                     Article 94

                  Reserved contracts for certain services

         ANNEX XXI-J TO CHAPTER 8
         OTHER ELEMENTS OF DIRECTIVE 92/13/EEC
         as amended by Directive 2007/66/EC and Directive 2014/23/EU
         (Phase 5)

                     Article 2b

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

                     Article 2d

                     Ineffectiveness
                     Point (c) of paragraph 1 of Article 2d,
                     Paragraph 5

         ANNEX XXI-K TO CHAPTER 8
         I.   PROVISIONS OF DIRECTIVE 2014/24/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements of Directive 2014/24/EU listed in this Annex are not subject to the process of approximation.
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Scope and definitions

                     Section 1

                  Subject-matter and definitions

                     Article 1

                  Subject-matter and scope: paragraphs 3 and 4

                     Article 2

                  Definitions: paragraph 2

                     Section 2

                  Thresholds

                     Article 6

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

               TITLE II
         Rules on public contracts
         CHAPTER I
         Procedures

                     Article 25

                  Conditions relating to the GPA and other international agreements

               CHAPTER II
         Techniques and instruments for electronic and aggregated procurement

                     Article 39

                  Procurement involving contracting authorities from different Member States

               CHAPTER III
         Conduct of the procedure

                     Section 1

                  Preparation

                     Article 44

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

                     Section 2

                  Publication and transparency

                     Article 51

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

                     Article 52

                  Publication at national level

                     Section 3

                  Choice of participants and award of contracts

                     Article 61

                  Online repository of certificates (e-Certis)

                     Article 62

                  Quality assurance standards and environmental management standards: paragraph 3

                     Article 68

                  Life-cycle costing: paragraph 3

                     Article 69

                  Abnormally low tender: paragraph 5

               TITLE IV
         Governance

                     Article 83

                  Enforcement

                     Article 84

                  Individual reports on procedures for the award of contracts

                     Article 85

                  National reporting and statistical information

                     Article 86

                  Administrative Cooperation

               TITLE V
         Delegated powers, implementing powers and final provisions

                     Article 87

                  Exercise of the delegation of powers

                     Article 88

                  Urgency procedure

                     Article 89

                  Committee procedure

                     Article 90

                  Transposition and transitional provisions

                     Article 91

                  Repeals

                     Article 92

                  Review

                     Article 93

                  Entry into force

                     Article 94

                  Addressees

               ANNEXES

                     ANNEX I

                  CENTRAL GOVERNMENT AUTHORITIES

                     ANNEX VIII

                  FEATURES CONCERNING PUBLICATION

                     ANNEX XI

                  REGISTERS

                     ANNEX XIII

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

                     ANNEX XV

                  CORRELATION TABLE

               II.   PROVISIONS OF DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements of Directive 2014/23/EU listed in this Annex are not subject to the process of approximation.
         TITLE I
         Subject matter, scope, principles and definitions
         CHAPTER I
         Scope, general principles and definitions

                     Section I

                  Subject-matter, scope, general principles, definitions and threshold

                     Article 1

                  Subject-matter and scope: paragraph 3

                     Article 6

                  Contracting authorities: paragraphs 2 and 3

                     Article 9

                  Revision of the threshold

                     Section II

                  Exclusions

                     Article 15

                  Notification of information by contracting entities

                     Article 16

                  Exclusion of activities which are directly exposed to competition

               TITLE II
         Rules on the award of concessions: General principles and procedural guarantees
         CHAPTER I
         General principles

                     Article 30

                  General principles: paragraph 4

                     Article 33

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

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

                     Article 46

                  Amendments to Directive 89/665/EEC

                     Article 47

                  Amendments to Directive 92/13/EEC

               TITLE V
         Delegated powers, implementing powers and final provisions

                     Article 48

                  Exercise of the delegation

                     Article 49

                  Urgency procedure

                     Article 50

                  Committee procedure

                     Article 51

                  Transposition

                     Article 52

                  Transitional provisions

                     Article 53

                  Monitoring and reporting

                     Article 54

                  Entry into force

                     Article 55

                  Addressees

         ANNEX XXI-L TO CHAPTER 8
         PROVISIONS OF DIRECTIVE 2014/25/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements listed in this Annex are not subject to the process of approximation.
         TITLE I
         Scope, definitions and general principles
         CHAPTER I
         Subject-matter and definitions

                     Article 1

                  Subject matter and scope: paragraphs 3 and 4

                     Article 3

                  Contracting authorities: paragraphs 2 and 3

                     Article 4

                  Contracting entities: paragraph 4

               CHAPTER III
         Material scope

                     Section 1

                  Thresholds

                     Article 17

                  Revision of the thresholds

                     Section 2

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

                     Subsection 1

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

                     Article 18

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

                     Article 19

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

                     Subsection 3

                  Special relations (cooperation, affiliated undertakings and joint ventures)

                     Article 31

                  Notification of information

                     Subsection 4

                  Specific situations

                     Article 33

                  Contracts subject to special arrangements

                     Subsection 5

                  Activities directly exposed to competition and procedural provisions relating thereto

                     Article 34

                  Activities directly exposed to competition

                     Article 35

                  Procedure for establishing whether Article 34 is applicable

               TITLE II
         Rules applicable to contracts
         CHAPTER I
         Procedures

                     Article 43

                  Conditions relating to the GPA and other international agreements

               CHAPTER II
         Techniques and instruments for electronic and aggregated procurement

                     Article 57

                  Procurement involving contracting entities from different Member States

               CHAPTER III
         Conduct of the procedure

                     Section 2

                  Publication and transparency

                     Article 71

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

                     Article 72

                  Publication at national level

                     Section 3

                  Choice of participants and award of contract

                     Article 81

                  Quality assurance standards and environmental management standards: paragraph 3

                     Article 83

                  Life-cycle costing: paragraph 3

                     Section 4

                  Tenders comprising products originating in third countries and relations with those countries

                     Article 85

                  Tenders comprising products originating in third countries

                     Article 86

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

               TITLE IV
         Governance

                     Article 99

                  Enforcement

                     Article 100

                  Individual reports on procedures for the award of contracts

                     Article 101

                  National reporting and statistical information

                     Article 102

                  Administrative cooperation

               TITLE V
         Delegated powers, implementing powers and final provisions

                     Article 103

                  Exercise of the delegation

                     Article 104

                  Urgency procedure

                     Article 105

                  Committee procedure

                     Article 106

                  Transposition and transitional provisions

                     Article 107

                  Repeal

                     Article 108

                  Review

                     Article 109

                  Entry into force

                     Article 110

                  Addressees

               ANNEXES

                     ANNEX II

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

                     ANNEX III

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

                     ANNEX IV

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

                     ANNEX XV

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

         ANNEX XXI-M TO CHAPTER 8
         PROVISIONS OF DIRECTIVE 89/665/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements listed in this Annex are not subject to the process of approximation.

                     Article 2b

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

                     Article 2d

                     Ineffectiveness
                     Point (a) of paragraph 1 of Article 2d,
                     Paragraph 4

                     Article 3

                  Corrective Mechanisms

                     Article 3a

                  Content of the notice for voluntary ex ante transparency

                     Article 3b

                  Committee Procedure

                     Article 4

                  Implementation

                     Article 4a

                  Review

         ANNEX XXI-N TO CHAPTER 8
         PROVISIONS OF DIRECTIVE 92/13/EEC AS AMENDED BY DIRECTIVE 2007/66/EC AND DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION
         The elements listed in this Annex are not subject to the process of approximation.

                     Article 2b

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

                     Article 2d

                     Ineffectiveness
                     Point (a) of paragraph 1 of Article 2d,
                     Paragraph 4

                     Article 3a

                  Content of the notice for voluntary ex ante transparency

                     Article 3b

                  Committee Procedure

                     Article 8

                  Corrective Mechanisms

                     Article 12

                  Implementation

                     Article 12a

                  Review

         ANNEX XXI-O TO CHAPTER 8
         UKRAINE: INDICATIVE LIST OF ISSUES FOR COOPERATION

                     1.

                     Training, in Ukraine and EU countries, of Ukrainian officials from government bodies engaged in public procurement;

                     2.

                     Training of suppliers interested participating in public procurement;

                     3.

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

                     4.

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

                     5.

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

                     6.

                     Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 150 paragraph 2 of this Agreement)

         ANNEX XXI-P TO CHAPTER 8
         THRESHOLDS

                     1.

                     The value thresholds mentioned in Article 149(3) of this Agreement shall be for both Parties:

                                 (a)

                                 EUR 135 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;

                                 (b)

                                 EUR 209 000 in the case of public supply and public service contracts not covered by point (a);

                                 (c)

                                 EUR 5 225 000 in the case of public works contracts;

                                 (d)

                                 EUR 5 225 000 in the case of works contracts in the utilities sector;

                                 (e)

                                 EUR 5 225 000 in the case of concessions;

                                 (f)

                                 EUR 418 000 in the case of supply and service contracts in the utilities sector;

                                 (g)

                                 EUR 750 000 for public service contracts for social and other specific services;

                                 (h)

                                 EUR 1 000 000 for service contracts for social and other specific services in the utilities sector.

                     2.

                     The EUR thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds applicable under the EU Directives at the moment of the entry into force of this Agreement.


title: 2004/524/EC, Euratom:Decision of the Representatives of the Governments of the Member States of the European Union of 23 June 2004 appointing a judge to the Court of First Instance of the European Communities

text:
               30.6.2004

               EN

               Official Journal of the European Union

               L 230/55

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION

   of 23 June 2004
   appointing a judge to the Court of First Instance of the European Communities
   (2004/524/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 46(1) and (2)(b) thereof,
   Whereas:

               (1)

               Article 46(1) of the 2003 Act of Accession inter alia provides for the appointment of ten judges to the Court of First Instance. Pursuant to paragraph 2(b) of the same Article, the term of office of five of those judges is to expire on 31 August 2004. These judges are to be chosen by lot. Furthermore the term of office of the other judges is to expire on 31 August 2007.

               (2)

               Just four judges were appointed for the period from 1 May 2004 to 31 August 2007 pursuant to Decision 2004/490/EC, Euratom (1), with the appointment of the fifth judge having to be postponed.

               (3)

               The fifth judge should therefore now be appointed,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Ms Verica TRSTENJAK is hereby appointed a judge to the Court of First Instance from 1 July 2004 to 31 August 2007.
   Article 2
   This Decision shall take effect on 1 July 2004.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 23 June 2004.

            The President

         A. ANDERSON

      (1)  OJ L 169, 1.5.2004, p. 23.


title: Decision (EU, Euratom) 2015/1621 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the Research Executive Agency for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/105

      DECISION (EU, EURATOM) 2015/1621 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the Research Executive Agency for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2013 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2013 (COM(2014)510 — C8-0140/2014) (2),

                  —

                  having regard to the final annual accounts of the Research Executive Agency for the financial year 2013 (3),

                  —

                  having regard to the Commission's report on the follow-up to the discharge for the 2012 financial year (COM(2014)607), and to the accompanying Commission staff working documents (SWD(2014)285, SWD(2014)286),

                  —

                  having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2013 (COM(2014)615), and to the accompanying Commission staff working document (SWD(2014)0293),

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the Research Executive Agency for the financial year 2013, together with the Agency's replies (4),

                  —

                  having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2013 (05305/2015 — C8-0048/2015),

                  —

                  having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (7), and in particular Articles 62, 164, 165 and 166 thereof,

                  —

                  having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular Article 14(3) thereof,

                  —

                  having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular the first and second paragraphs of Article 66 thereof,

                  —

                  having regard to Commission Decision 2008/46/EC of 14 December 2007 setting up the Research Executive Agency for the management of certain areas of the specific Community programmes People, Capacities and Cooperation in the field of research in application of Council Regulation (EC) No 58/2003 (10),

                  —

                  having regard to Commission Implementing Decision 2013/778/EU of 13 December 2013 establishing the Research Executive Agency and repealing Decision 2008/46/EC (11),

                  —

                  having regard to Rule 93 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0101/2015),

                  A.

                  whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage programmes and is to do so, pursuant to Article 317 of the Treaty on the Functioning of the European Union, in cooperation with the Member States, on its own responsibility, having regard to the principles of sound financial management,

         1.

            Grants the Director of the Research Executive Agency discharge in relation to the implementation of the Agency's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section III — Commission and executive agencies;

         3.

            Instructs its President to forward this decision, the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section III — Commission and the resolution forming an integral part of those decisions, to the Director of the Research Executive Agency, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ L 66, 8.3.2013.

         (2)  OJ C 403, 13.11.2014, p. 1.

         (3)  OJ C 408, 15.11.2014, p. 40.

         (4)  OJ C 442, 10.12.2014, p. 351.

         (5)  OJ C 403, 13.11.2014, p. 128.

         (6)  OJ L 248, 16.9.2002, p. 1.

         (7)  OJ L 298, 26.10.2012, p. 1.

         (8)  OJ L 11, 16.1.2003, p. 1.

         (9)  OJ L 297, 22.9.2004, p. 6.

         (10)  OJ L 11, 15.1.2008, p. 9.

         (11)  OJ L 346, 20.12.2013, p. 54.


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32002D0275

Commission Decision of 12 April 2002 terminating the ECSC/Switzerland Agreement of 28 July 1956 on the setting of through international railway tariffs for the carriage of coal and steel in transit through Swiss territory (Text with EEA relevance)

Official Journal L 096 , 13/04/2002 P. 0027 - 0027

Commission Decisionof 12 April 2002terminating the ECSC/Switzerland Agreement of 28 July 1956 on the setting of through international railway tariffs for the carriage of coal and steel in transit through Swiss territory(Text with EEA relevance)(2002/275/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 14 thereof,Having regard to the Agreement of 28 July 1956 on the setting of through international railway tariffs for the carriage of coal and steel in transit through Swiss territory(1), and in particular Article 11 thereof,Whereas:(1) Maintaining the Agreement no longer seems economically justified, given that the ECSC 9001 tariffs have been almost entirely replaced by customised contracts between clients and carriers: Rail transport rates are based on the rates dictated by other modes of transport, in particular road transport: Rail transport market forces and intermodal competition have removed the economic justification for the Agreement, and Swiss rail operators are not required to apply the ECSC 9001 tariff for transit transport.(2) Although this Agreement is not subject to a time limit, it may, under Article 11, nevertheless be terminated by the Swiss Federal Council or by the High Authority, having been given a remit to that effect by the Governments of the Member States of the ECSC, subject to six-months' advance notice.(3) Termination of the Agreement by the ECSC Member States would have no economic consequences for Switzerland, since the Swiss railway companies do not apply the ECSC 9001 tariff for the transport of ECSC products in transit.(4) The Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council on 17 June 1999(2), authorised the Commission, acting for the ECSC High Authority and on behalf of the Representatives of the Governments of the Member States of the ECSC, to terminate the abovementioned Agreement.(5) At their meeting within the Council on 23 October 2001(3), the Representatives of the Governments of the Member States of the European Coal and Steel Community terminated the Agreement of 21 March 1955 on the setting of through international railway tariffs for the carriage of coal and steel(4). Point 7 of the recitals states that the Commission should terminate the Agreement of 28 July 1956 on the setting of through international railway tariffs for the carriage of coal and steel in transit through Swiss territory in accordance with the mandate conferred by the decision taken at the conference of the Representatives of the Governments of the Member States of 17 June 1999, in coordination with the termination of the 1955 Agreement.(6) Additional protocols to this Agreement were drawn up on the occasion of the successive enlargements(5). Termination of the Agreement will result in the automatic cancellation of these additional protocols,HAS DECIDED AS FOLLOWS:Sole ArticleThe Commission, acting as the ECSC High Authority and on behalf of the Representatives of the Governments of the Member States of the ECSC, hereby terminates the Agreement of 28 July 1956 on the setting of through international railway tariffs for the carriage of coal and steel in transit through Swiss territory.Done at Brussels, 12 April 2002.For the CommissionLoyola de PalacioVice-President(1) OJ 17, 29.5.1957, p. 223/57.(2) OJ L 159, 25.6.1999, p. 52.(3) OJ L 288, 1.11.2001, p. 38.(4) OJ 9, 19.4.1955, p. 701/55.(5) OJ L 12, 18.1.1979, p. 15, OJ L 227, 12.8.1981, p. 11 and OJ L 397, 31.12.1987, p. 7.


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31998D0381

98/381/EC, Euratom: Council Decision of 5 June 1998 concerning the Community contribution to the European Bank for Reconstruction and Development for the Chernobyl Shelter Fund

Official Journal L 171 , 17/06/1998 P. 0031 - 0032

COUNCIL DECISION of 5 June 1998 concerning the Community contribution to the European Bank for Reconstruction and Development for the Chernobyl Shelter Fund (98/381/EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas a Memorandum of Understanding (MOU) was signed on 21 December 1995 between the governments of the G7 countries and the Commission of the European Communities and the government of Ukraine on the closure of the Chernobyl nuclear power plant by the year 2000;Whereas Article III(4) of the MOU provided that Ukraine and the G7 will continue to cooperate in the development of a cost effective and environmentally sound approach to the shelter for Chernobyl IV, including the definition, as soon as possible, of technical and cost options as the basis for reviewing financial requirements;Whereas the Commission, through the TACIS programme, participated actively in the development of such an approach which resulted in the definition of the 'shelter implementation plan` (SIP) endorsed by the Ukrainian authorities;Whereas at their Denver Summit of June 1997, the G7 Heads of State and Government and the President of the European Commission decided to add to the commitments undertaken in the MOU with Ukraine and endorsed the setting up of a multilateral funding mechanism to assist Ukraine in transforming the existing Chernobyl sarcophagus into a safe and environmentally stable system, with measures as described in the SIP;Whereas the implementation of the SIP will be placed in the context of the MOU between the G7 and Ukraine on the closure of Chernobyl by the year 2000;Whereas, for the purpose of implementing the SIP, the Chernobyl Shelter Fund has been established at the European Bank for Reconstruction and Development (EBRD) and will be administered by the EBRD;Whereas the Community pursues a clear policy of supporting Ukraine in its efforts to eliminate the consequences of the nuclear accident which occurred on 26 April 1986 at the Chernobyl Nuclear Power Plant and is thus willing to contribute to the Chernobyl Shelter Fund; whereas the Community assumes through its contribution no liability whatsoever for any resulting damage;Whereas due account will be taken by the Fund of the fulfilment by Ukraine of its undertakings under the Framework Agreement, signed with the EBRD on 20 November 1997;Whereas a financial reference amount, within the meaning of point 2 of the Declaration by the European Parliament, the Council and the Commission of 6 March 1995, is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty;Whereas the contribution will be taken from existing TACIS credits and will thus not imply any supplementary budgetary expenditures from the 1998 and 1999 budgets;Whereas EBRD procurement policies and rules will apply to grants made from the resources of the Chernobyl Shelter Fund, with the understanding that procurement shall in principle be limited to goods and services produced in or supplied from the countries of the contributors or the countries of EBRD operations; whereas these rules are not identical to those applied for operations directly financed through the TACIS programme, which can notably for this reason not cover the present contribution;Whereas it is however appropriate to ensure that no discrimination is made between operators of individual Member States of the European Community with regard to procurement arrangements relating to grants made from the Chernobyl Shelter Fund, irrespective of whether the Member States have concluded individual agreements with the EBRD or not;Whereas the Community contribution to the Chernobyl Shelter Fund with the EBRD shall be administered by the European Commission in accordance with the principles of sound and efficient management;Whereas this contribution will contribute to the achievement of the Community's objectives in particular in relation to nuclear safety; whereas the Treaties do not provide for the adoption of this Decision powers other than those of Article 235 of the EC Treaty and 203 of the EAEC Treaty,HAS DECIDED AS FOLLOWS:Article 1 1. The Community shall contribute to the Chernobyl Shelter Fund at the European Bank for Reconstruction and Development (EBRD), in accordance with the rules of this Fund, an amount of up to ECU 100 million to be paid over the two years 1998 and 1999.2. This contribution to the Fund shall be administered by the Commission in accordance with the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (3) in force, with particular regard for the principles of sound and efficient management.3. The Commission will take all necessary steps to ensure that, with respect to procurement arrangements relating to grants made from the resources of the Fund, no discrimination is made between operators of individual Member States.Article 2 1. The financial reference amount for the implementation of this programme for the period 1998 and 1999 shall be a maximum of ECU 100 million.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 3 1. The Commission will forward all relevant information to the Court of Auditors and will request from the EBRD any supplementary information that the Court of Auditors may wish to receive, as regards the financial operation of the Chernobyl Shelter Fund to the extent that it is related to the Community's contribution.2. The Commission shall submit, on a yearly basis, a progress report on the implementation of the Chernobyl Shelter Fund to the European Parliament and the Council.Done at Luxembourg, 5 June 1998.For the CouncilThe PresidentG. BROWN(1) OJ C 364, 2. 12. 1997, p. 16.(2) OJ C 138, 4. 5. 1998.(3) OJ L 356, 31. 12. 1977, p. 1.


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31998D0379

98/379/EC: Council Decision of 11 May 1998 on the provisional application of the Agreement between the European Community and the Russian Federation on trade in textile products

Official Journal L 169 , 15/06/1998 P. 0001 - 0001

COUNCIL DECISION of 11 May 1998 on the provisional application of the Agreement between the European Community and the Russian Federation on trade in textile products (98/379/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with the first sentence of Article 228(2) thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the Community an Agreement between the European Community and the Russian Federation on trade in textile products, initialled on 28 March 1998;Whereas this Agreement should be applied on a provisional basis from 1 May 1998 pending the completion of the procedures necessary for its conclusion, subject to reciprocal provisional application of the Agreement by the Russian Federation,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Russian Federation on trade in textile products shall be applied on a provisional basis from 1 May 1998 pending its formal conclusion and subject to reciprocal provisional application of the Agreement by the Russian Federation.The text of the Agreement is annexed to this Decision.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 11 May 1998.For the CouncilThe PresidentJ. BATTLE


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32002D0622(01)

Council Decision of 13 June 2002 amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies

Official Journal C 150 , 22/06/2002 P. 0001 - 0001

Council Decisionof 13 June 2002amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies(2002/C 150/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention)(1),Having regard to the Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-European Union related bodies(2), and in particular Article 2 of that Act,Having regard to the Council Act of 3 November 1998 laying down rules governing the receipt of information by Europol from third parties(3), and in particular Article 2 of that Act,Having regard to the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies(4), and in particular Articles 2 and 3 of that Act,Whereas:(1) Operational requirements and the need to combat in an effective way organised forms of criminality through Europol, especially the protection of the euro against counterfeiting, require that Albania, Bosnia and Herzegovina, Croatia, Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia (FYROM) be added to the list of third States with whom the Director of Europol is authorised to start negotiations.(2) Council Decision of 27 March 2000(5) should therefore be amended,HAS DECIDED AS FOLLOWS:Article 1Council Decision of 27 March 2000 is hereby amended as follows:In Article 2(1):(a) under the heading "Third States", the following indent shall be added, before Bolivia: "- Albania";(b) under the heading "Third States", the following indent shall be added, between Bolivia and Bulgaria: "- Bosnia and Herzegovina";(c) under the heading "Third States", the following indent shall be added, between Colombia and Cyprus: "- Croatia";(d) under the heading "Third States", the following indent shall be added, between Estonia and Hungary: "- Federal Republic of Yugoslavia" "- Former Yugoslav Republic of Macedonia (FYROM)".Article 2This Decision shall be published in the Official Journal of the European Communities.Article 3This Decision shall enter into force on the day following that of its adoption.Done at Luxembourg on 13 June 2002.For the CouncilThe PresidentM. Rajoy Brey(1) OJ C 316, 27.11.1995, p. 2.(2) OJ C 26, 30.1.1999, p. 19.(3) OJ C 26, 30.1.1999, p. 17.(4) OJ C 88, 30.3.1999, p. 1.(5) OJ C 106, 13.4.2000, p. 1.


title: 2010/121/CFSP: Council Decision 2010/121/CFSP of 25 February 2010 amending the Annex to Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe

text:
               26.2.2010

               EN

               Official Journal of the European Union

               L 49/30

         COUNCIL DECISION 2010/121/CFSP
   of 25 February 2010
   amending the Annex to Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 19 February 2004, the Council adopted Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe (1).

               (2)

               Council Decision 2010/92/CFSP (2), adopted on 15 February 2010, extended the restrictive measures provided for in Common Position 2004/161/CFSP until 20 February 2011.

               (3)

               The Council considers that one person should be added to the list of persons and entities subject to the restrictive measures provided for in Common Position 2004/161/CFSP. The list set out in the Annex to Common Position 2004/161/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The person mentioned in the Annex to this Decision shall be included in the list set out in the Annex to Common Position 2004/161/CFSP.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 February 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 50, 20.2.2004, p. 66.

      (2)  OJ L 41, 16.2.2010, p. 6.

      ANNEX

         The person referred to in Article 1

                  no 57

                  Jangara (a.k.a. Changara), Thomsen