title: Council Decision (EU) 2016/1876 of 13 October 2016 on the position to be adopted on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other

text:
               22.10.2016

               EN

               Official Journal of the European Union

               L 288/16

         COUNCIL DECISION (EU) 2016/1876
   of 13 October 2016
   on the position to be adopted on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other
   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)

               The Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.

               (2)

               In accordance with Article 173 of the Agreement, the Republic of Moldova is to gradually achieve conformity with the relevant Union acquis, in accordance with the provisions of Annex XVI to the Agreement.

               (3)

               In accordance with Article 273 of the Agreement the Republic of Moldova 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 XXIX to the Agreement.

               (4)

               Several Union acts listed in Annexes XVI and XXIX to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. Certain Union acts listed in Annex XVI to the Agreement are also listed in other Annexes. It is appropriate, in the interest of clarity of obligations, to align the deadlines for approximation applicable to those acts.

               (5)

               In accordance with Article 269 of the Agreement the value thresholds for public procurement contracts provided for in Annex XXIX-A to the Agreement are to be revised regularly, beginning in the year of entry into force of the Agreement.

               (6)

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

               (7)

               It is therefore necessary to update Annexes XVI and XXIX 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 XXIX-A to the Agreement.

               (8)

               In accordance with Article 269 of the Agreement, the revision of the thresholds provided for in Annex XXIX-A to the Agreement shall be adopted by decision of the Association Committee in Trade configuration.

               (9)

               In accordance with Article 436(3) of the Agreement, 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 of 16 December 2014 delegates the power to update or amend the trade-related annexes to the Agreement to the Association Committee in Trade configuration, including Annex XVI pertaining to Chapter 3 (Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity Assessment) and Annex XXIX pertaining to Chapter 8 (Public Procurement) of Title V (Trade and trade-related matters) of the Agreement.

               (11)

               It is appropriate to establish the position to be adopted on the Union's behalf within the Association Committee in Trade configuration with regard to the update of Annexes XVI and XXIX to the Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on the Union's behalf within the Association Committee in Trade configuration established by Article 438 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, with regard to the update of Annexes XVI and XXIX to the Agreement shall be based on the draft Decisions of that Committee attached to this Decision.
   Minor technical corrections to the draft Decisions may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 13 October 2016.

            For the Council

            The President

         R. KALIŇÁK

      (1)  OJ L 260, 30.8.2014, p. 4.

      DRAFT
      DECISION No 1/2016 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
      of …
      updating Annex XVI to the Association Agreement
      THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, and in particular Article 173 and Article 436 thereof,
      Whereas:

                  (1)

                  The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.

                  (2)

                  In accordance with Article 173 of the Agreement the Republic of Moldova shall gradually achieve conformity with the relevant Union acquis, in accordance with the provisions of Annex XVI to the Agreement.

                  (3)

                  Several Union acts listed in Annex XVI to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. In particular, the Union adopted and notified to the Republic of Moldova the following acts:

                              (a)

                              Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (2);

                              (b)

                              Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (3);

                              (c)

                              Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (4);

                              (d)

                              Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (5);

                              (e)

                              Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (6);

                              (f)

                              Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (7);

                              (g)

                              Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (8);

                              (h)

                              Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (9);

                              (i)

                              Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (10);

                              (j)

                              Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (11);

                              (k)

                              Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (12);

                              (l)

                              Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (13);

                              (m)

                              Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (14);

                              (n)

                              Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (15);

                              (o)

                              Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (16);

                              (p)

                              Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (17);

                              (q)

                              Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (18);

                              (r)

                              Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (19).

                  (4)

                  Certain Union acts listed in Annex XVI are also listed in Annex IV (Consumer Protection) and Annex XI (Environment) to the Agreement. In the interest of clarity, the applicable deadlines for approximation of those acts listed in Annex XVI should be aligned to the deadlines specified in Annex IV (Consumer Protection) and Annex XI (Environment) to the Agreement.

                  (5)

                  It is necessary to update Annex XVI to the Agreement in order to reflect the evolution of the Union legislation listed in that Annex, in accordance with Article 436(3) of the Agreement. In the interest of clarity, the sections of Annex XVI to the Agreement affected by the changes should be updated in their entirety.

                  (6)

                  The Republic of Moldova continues the process of approximating its legislation to the Union legislation, in accordance with the timetable and priorities set out in Annex XVI to the Agreement. It is therefore appropriate to ensure that the recent updates to the Union legislation are promptly and efficiently integrated in the ongoing process of approximation and take into account the progress already made by the Republic of Moldova.

                  (7)

                  It is appropriate to provide for transition periods to the Republic of Moldova in order to reflect the new Union acts in its national legislation and to provide an adaptation period to the manufacturers and importers. Accordingly, the deadlines for approximation of its national legislation to those new Union acts should be extended.

                  (8)

                  In accordance with Article 436(3) of the Agreement the EU-Republic of Moldova the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in Trade configuration by Decision No 3/2014 of 16 December 2014 to update or amend certain trade-related annexes,

            HAS ADOPTED THIS DECISION:
      Article 1
      Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, are replaced by the text appearing in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the day of its adoption.

         Done at …,

               For the Association Committee in Trade configuration

               The Chair

         (1)  OJ EU L 260, 30.8.2014, p. 4.

         (2)  OJ EU L 96, 29.3.2014, p. 357.

         (3)  OJ EU L 96, 29.3.2014, p. 45.

         (4)  OJ EU L 96, 29.3.2014, p. 79.

         (5)  OJ EU L 96, 29.3.2014, p. 309.

         (6)  OJ EU L 96, 29.3.2014, p. 1.

         (7)  OJ EU L 96, 29.3.2014, p. 251.

         (8)  OJ EU L 96, 29.3.2014, p. 149.

         (9)  OJ EU L 96, 29.3.2014, p. 107.

         (10)  OJ EU L 189, 27.6.2014, p. 164.

         (11)  OJ EU L 153, 22.5.2014, p. 62.

         (12)  OJ EU L 354, 28.12.2013, p. 90.

         (13)  OJ EU L 178, 28.6.2013, p. 27.

         (14)  OJ EU L 165, 30.6.2010, p. 1.

         (15)  OJ EU L 60, 2.3.2013, p. 52.

         (16)  OJ EU L 60, 2.3.2013, p. 1.

         (17)  OJ EU L 201, 27.7.2012, p. 60.

         (18)  OJ EU L 197, 24.7.2012, p. 1.

         (19)  OJ EU L 197, 24.7.2012, p. 38.

         ANNEX
         UPDATE OF ANNEX XVI TO THE AGREEMENT
         Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Agreement are replaced by the following:

                        ‘Union legislation

                        Deadline for approximation

                           HORIZONTAL LEGISLATIVE FRAMEWORK FOR MARKETING OF PRODUCTS

                        Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93
                        Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC

                        Approximated on the date of entry into force of the Law No 235 of 1 December 2011

                        Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety

                        2016

                        Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products

                        2012

                        Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council

                        2015

                        Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC, as amended by Directive 2009/3/EC of the European Parliament and of the Council

                        2015

                           LEGISLATION BASED ON THE PRINCIPLES OF THE NEW APPROACH WHICH PROVIDE FOR CE MARKING

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

                        2017

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

                        2017

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

                        Full approximation: 2015

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

                        2017

                        Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment

                        Review and full approximation: 2015

                        Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels

                        Review and full approximation: 2016

                        Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons

                        2015

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

                        2017

                        Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses
                        Commission Decision 2004/388/EC of 15 April 2004 on an Intra-Community transfer of explosives document
                        Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses

                        2017

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

                        2017

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

                        2015

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

                        2017

                        Council Directive 93/42/EEC of 14 June 1993 concerning medical devices
                        Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices
                        Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices

                        Review and full approximation: 2015

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

                        Full approximation: 2017

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

                        2017

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

                        2017

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

                        2017

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

                        2018

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

                        Review and full approximation: 2015

                        Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles

                        2017

                           DIRECTIVES BASED ON THE PRINCIPLES OF THE NEW APPROACH OR THE GLOBAL APPROACH, BUT WHICH DO NOT PROVIDE FOR CE MARKING

                        European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

                        2015

                        Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC

                        2017

                           CONSTRUCTION OF MOTOR VEHICLES

                        2.   Two- or Three-wheel motor vehicles

                        Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles

                        2017

                        3.   Wheeled agricultural or forestry tractors

                        Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles

                        2016

                        Directive 2008/2/EC of the European Parliament and of the Council of 15 January 2008 on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors

                        2016

                           CHEMICALS

                        1.   REACH and REACH implementation

                        Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC

                        2019

                        Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

                        2019

                        2.   Dangerous chemicals

                        Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals

                        2017

                        Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC

                        2021

                        Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment

                        2014

                        Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE)

                        2016

                        Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC

                        2013-14

                        Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

                        Approximated in 2009

                        Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC

                        2013-14

                        3.   Classification, packaging and labelling

                        Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006

                        2021’.

      DRAFT
      DECISION No 2/2016 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
      of …
      updating Annex XXIX to the Association Agreement
      THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, and in particular Article 269, Article 273 and Article 436 thereof,
      Whereas:

                  (1)

                  The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.

                  (2)

                  In accordance with Article 269(5) of the Agreement the value thresholds for public procurement contracts provided for in Annex XXIX-A are to be revised regularly every two years, beginning in the year of 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 438(4) of the Agreement.

                  (3)

                  In accordance with Article 273 of the Agreement the Republic of Moldova 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 XXIX to the Agreement.

                  (4)

                  Several Union acts listed in Annex XXIX to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. In particular, the Union adopted and notified to the Republic of Moldova the following acts:

                              (a)

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

                              (b)

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

                              (c)

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

                  (5)

                  The above-mentioned new Directives amended the value thresholds for public procurement contracts provided for in Annex XXIX-A.

                  (6)

                  It is therefore necessary to update Annex XXIX to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Article 269, Article 273 and Article 436 of the Agreement.

                  (7)

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

                  (8)

                  In accordance with Article 436(3) of the Agreement the EU-Republic of Moldova Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in Trade configuration by Decision No 3/2014 of 16 December 2014 to update or amend certain trade-related annexes,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XXIX to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part, is replaced by the by the text appearing in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the day of its adoption.

         Done at …,

               For the Association Committee in Trade configuration

               The Chair

         (1)  OJ EU L 260, 30.8.2014, p. 4.

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

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

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

         ANNEX
         Annex XXIX to the Agreement is replaced by the following:

               ‘ANNEX XXIX

                  PUBLIC PROCUREMENT

               ANNEX XXIX-A

                  THRESHOLDS

                           1.

                           The value thresholds referred to in Article 269(3) of this Agreement shall be for both Parties:

                                       (a)

                                       EUR 134 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;

                                       (b)

                                       EUR 207 000 in the case of public supply and public service contracts not covered by point (a);

                                       (c)

                                       EUR 5 186 000 in the case of public works contracts;

                                       (d)

                                       EUR 5 186 000 in the case of works contracts in the utilities sector;

                                       (e)

                                       EUR 5 186 000 in the case of concessions;

                                       (f)

                                       EUR 414 000 in the case of supply and service contracts in the utilities sector;

                                       (g)

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

                                       (h)

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

                           2.

                           The value thresholds referred to in paragraph 1 shall be adapted to reflect the thresholds applicable under Directives 2014/23/EU, 2014/24/EU and 2014/25/EU at the moment of the entry into force of this Agreement.

                     ANNEX XXIX-B

                  INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS

                           Phase

                           Indicative time schedule

                           Market access granted to the EU by the Republic of Moldova

                           Market access granted to the Republic of Moldova by the EU

                           1

                           Implementation of Articles 270(2) and 271 of this Agreement
                           Agreement of the Reform Strategy set out in Article 272 of this Agreement

                           9 months after the entry into force of this Agreement

                           Supplies for central government authorities

                           Supplies for central government authorities

                           2

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

                           5 years after the entry into force of this Agreement

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

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

                           Annexes XXIX-C and XXIX-N

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

                           5 years after the entry into force of this Agreement

                           Supplies for all contracting entities in the utilities sector

                           Supplies for all contracting entities

                           Annexes XXIX-G and XXIX-Q

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

                           5 years after the entry into force of this Agreement

                           Service and works contracts for all contracting authorities

                           Service and works contracts for all contracting authorities

                           Annexes XXIX-D, XXIX-E, and XXIX-O

                           3

                           Approximation and implementation of Directive 2014/23/EU

                           6 years after the entry into force of this Agreement

                           Concessions for all contracting authorities

                           Concessions for all contracting authorities

                           Annexes XXIX-K and XXIX-L

                           4

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

                           8 years after the entry into force of this Agreement

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

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

                           Annexes XXIX-H, XXIX-I and XXIX-R

                     ANNEX XXIX-C

                  BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                  of 26 February 2014

                  on public procurement and repealing Directive 2004/18/EC

                  (Phase 2)

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Scope and definitions

                           Section 1

                           Subject-matter and definitions

                           Article 1

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

                           Article 2

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

                           Article 3

                           Mixed procurement

                           Section 2

                           Thresholds

                           Article 4

                           Threshold amounts

                           Article 5

                           Methods for calculating the estimated value of procurement

                           Section 3

                           Exclusions

                           Article 7

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

                           Article 8

                           Specific exclusions in the field of electronic communications

                           Article 9

                           Public contracts awarded and design contests organised pursuant to international rules

                           Article 10

                           Specific exclusions for service contracts

                           Article 11

                           Service contracts awarded on the basis of an exclusive right

                           Article 12

                           Public contracts between entities within the public sector

                           Section 4

                           Specific situations

                           Subsection 1

                           Subsidised contracts and research and development services

                           Article 13

                           Contracts subsidised by contracting authorities

                           Article 14

                           Research and development services

                           Subsection 2

                           Procurement involving defence and security aspects

                           Article 15

                           Defence and security

                           Article 16

                           Mixed procurement involving defence or security aspects

                           Article 17

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

                           CHAPTER II

                           General rules

                           Article 18

                           Principles of procurement

                           Article 19

                           Economic operators

                           Article 21

                           Confidentiality

                           Article 22

                           Rules applicable to communication: paragraphs 2-6

                           Article 23

                           Nomenclatures

                           Article 24

                           Conflicts of interest

                           TITLE II

                           Rules on public contracts

                           CHAPTER I

                           Procedures

                           Article 26

                           Choice of procedures: paragraphs 1, 2, point (a) of paragraph 4, paragraphs 5 and 6

                           Article 27

                           Open procedure

                           Article 28

                           Restricted procedure

                           Article 29

                           Competitive procedure with negotiation

                           Article 32

                           Use of the negotiated procedure without prior publication

                           CHAPTER III

                           Conduct of the procedure

                           Section 1

                           Preparation

                           Article 40

                           Preliminary market consultations

                           Article 41

                           Prior involvement of candidates or tenderers

                           Article 42

                           Technical specifications

                           Article 43

                           Labels

                           Article 44

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

                           Article 45

                           Variants

                           Article 46

                           Division of contracts into lots

                           Article 47

                           Setting time limits

                           Section 2

                           Publication and transparency

                           Article 48

                           Prior information notices

                           Article 49

                           Contract notices

                           Article 50

                           Contract award notices: paragraphs 1 and 4

                           Article 51

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

                           Article 53

                           Electronic availability of procurement documents

                           Article 54

                           Invitations to candidates

                           Section 3

                           Choice of participants and award of contracts

                           Article 56

                           General principles

                           Subsection 1

                           Criteria for qualitative selection

                           Article 57

                           Exclusion grounds

                           Article 58

                           Selection criteria

                           Article 59

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

                           Article 60

                           Means of proof

                           Article 62

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

                           Article 63

                           Reliance on the capacities of other entities

                           Subsection 2

                           Reduction of numbers of candidates, tenders and solutions

                           Article 65

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

                           Article 66

                           Reduction of the number of tenders and solutions

                           Subsection 3

                           Award of the contract

                           Article 67

                           Contract award criteria

                           Article 68

                           Life-cycle costing: paragraphs 1 and 2

                           Article 69

                           Abnormally low tenders: paragraphs 1-4

                           CHAPTER IV

                           Contract performance

                           Article 70

                           Conditions for performance of contracts

                           Article 71

                           Subcontracting

                           Article 72

                           Modification of contracts during their term

                           Article 73

                           Termination of contracts

                           TITLE III

                           Particular procurement regimes

                           CHAPTER I

                           Social and other specific services

                           Article 74

                           Award of contracts for social and other specific services

                           Article 75

                           Publication of notices

                           Article 76

                           Principles of awarding contracts

                           ANNEXES

                           Annex II

                           List of the activities referred to in point (6)(a) of Article 2(1)

                           Annex III

                           List of products referred to in Article 4(b) with regard to contracts awarded contracting authorities in the field of defence

                           Annex IV

                           Requirements relating to tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in design contests

                           Annex V

                           Information to be included in notices

                           Part A

                           Information to be included in notices of the publication of a prior information notice on a buyer profile

                           Part B

                           Information to be included in prior information notices (as referred to in Article 48)

                           Part C

                           Information to be included in contract notices (as referred to in Article 49)

                           Part D

                           Information to be included in contract award notices (as referred to in Article 50)

                           Part G

                           Information to be included in notices of modifications of a contract during its term (as referred to in Article 72(1))

                           Part H

                           Information to be included in contract notices concerning contracts for social and other specific services (as referred to in Article 75(1))

                           Part I

                           Information to be included in prior information notices for social and other specific services (as referred to in Article 75(1))

                           Part J

                           Information to be included in contract award notices concerning contracts for social and other specific services (as referred to in Article 75(2))

                           Annex VII

                           Definition of certain technical specifications

                           Annex IX

                           Contents of the invitations to submit a tender, to participate in the dialogue or to confirm interest provided for under Article 54

                           Annex X

                           List of international social and environmental conventions referred to in Article 18(2)

                           Annex XII

                           Means of proof of selection criteria

                           Annex XIV

                           Services referred to in Article 74

                     ANNEX XXIX-D

                  OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU

                  (Phase 2)

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Scope and definitions

                           Section 1

                           Subject-matter and definitions

                           Article 2

                           Definitions: point (21) of paragraph 1

                           Article 22

                           Rules applicable to communication: paragraph 1

                           TITLE II

                           Rules on public contracts

                           CHAPTER I

                           Procedures

                           Article 26

                           Choice of procedures: paragraph 3 and point (b) of paragraph 4

                           Article 30

                           Competitive dialogue

                           Article 31

                           Innovation partnership

                           CHAPTER II

                           Techniques and instruments for electronic and aggregated procurement

                           Article 33

                           Framework agreements

                           Article 34

                           Dynamic purchasing systems

                           Article 35

                           Electronic auctions

                           Article 36

                           Electronic catalogues

                           Article 38

                           Occasional joint procurement

                           CHAPTER III

                           Conduct of the procedure

                           Section 2

                           Publication and transparency

                           Article 50

                           Contract award notices: paragraphs 2 and 3

                           TITLE III

                           Particular procurement regimes

                           CHAPTER II

                           Rules governing design contests

                           Article 78

                           Scope

                           Article 79

                           Notices

                           Article 80

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

                           Article 81

                           Composition of the jury

                           Article 82

                           Decisions of the jury

                           ANNEXES

                           Annex V

                           Information to be included in notices

                           Part E

                           Information to be included in design contest notices (as referred to in Article 79(1))

                           Part F

                           Information to be included in notices of the results of a contest (as referred to in Article 79(2))

                           Annex VI

                           Information to be included in the procurement documents relating to electronic auctions (Article 35(4))

                     ANNEX XXIX-E

                  OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU

                  (Phase 2)

               The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Scope and definitions

                           Section 1

                           Subject-matter and definitions

                           Article 2

                           Definitions: points (14) and (16) of paragraph 1

                           Article 20

                           Reserved contracts

                           CHAPTER II

                           Techniques and instruments for electronic and aggregated procurement

                           Article 37

                           Centralised purchasing activities and central purchasing bodies

                           CHAPTER III

                           Conduct of the procedure

                           Section 3

                           Choice of participants and award of contracts

                           Article 64

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

                           TITLE III

                           Particular procurement regimes

                           CHAPTER I

                           Social and other specific services

                           Article 77

                           Reserved contracts for certain services

                     ANNEX XXIX-F

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

               The elements listed in this Annex are not subject to the process of approximation.

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Scope and definitions

                           Section 1

                           Subject-matter and definitions

                           Article 1

                           Subject-matter and scope: paragraphs 3 and 4

                           Article 2

                           Definitions: paragraph 2

                           Section 2

                           Thresholds

                           Article 6

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

                           TITLE II

                           Rules on public contracts

                           CHAPTER I

                           Procedures

                           Article 25

                           Conditions relating to the GPA and other international agreements

                           CHAPTER II

                           Techniques and instruments for electronic and aggregated procurement

                           Article 39

                           Procurement involving contracting authorities from different Member States

                           CHAPTER III

                           Conduct of the procedure

                           Section 1

                           Preparation

                           Article 44

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

                           Section 2

                           Publication and transparency

                           Article 51

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

                           Article 52

                           Publication at national level

                           Section 3

                           Choice of participants and award of contracts

                           Article 61

                           Online repository of certificates (e-Certis)

                           Article 62

                           Quality assurance standards and environmental management standards: paragraph 3

                           Article 68

                           Life-cycle costing: paragraph 3

                           Article 69

                           Abnormally low tender: paragraph 5

                           TITLE IV

                           Governance

                           Article 83

                           Enforcement

                           Article 84

                           Individual reports on procedures for the award of contracts

                           Article 85

                           National reporting and statistical information

                           Article 86

                           Administrative cooperation

                           TITLE V

                           Delegated powers, implementing powers and final provisions

                           Article 87

                           Exercise of the delegation

                           Article 88

                           Urgency procedure

                           Article 89

                           Committee procedure

                           Article 90

                           Transposition and transitional provisions

                           Article 91

                           Repeals

                           Article 92

                           Review

                           Article 93

                           Entry into force

                           Article 94

                           Addressees

                           ANNEXES

                           Annex I

                           Central government authorities

                           Annex VIII

                           Features concerning publication

                           Annex XI

                           Registers

                           Annex XIII

                           List of union legal acts referred to in Article 68(3)

                           Annex XV

                           Correlation table

                     ANNEX XXIX-G

                  BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                  of 26 February 2014

                  on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC

                  (Phase 2)

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Subject-matter and definitions

                           Article 1

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

                           Article 2

                           Definitions: points (1)-(9), (13)-(16) and (18)-(20)

                           Article 3

                           Contracting authorities: paragraphs 1 and 4

                           Article 4

                           Contracting entities: paragraphs 1-3

                           Article 5

                           Mixed procurement covering the same activity

                           Article 6

                           Procurement covering several activities

                           CHAPTER II

                           Activities

                           Article 7

                           Common provisions

                           Article 8

                           Gas and heat

                           Article 9

                           Electricity

                           Article 10

                           Water

                           Article 11

                           Transport services

                           Article 12

                           Ports and airports

                           Article 13

                           Postal services

                           Article 14

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

                           CHAPTER III

                           Material scope

                           Section 1

                           Thresholds

                           Article 15

                           Threshold amounts

                           Article 16

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

                           Section 2

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

                           Subsection 1

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

                           Article 18

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

                           Article 20

                           Contracts awarded and design contests organised pursuant to international rules

                           Article 21

                           Specific exclusions for service contracts

                           Article 22

                           Service contracts awarded on the basis of an exclusive right

                           Article 23

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

                           Subsection 2

                           Procurement involving defence and security aspects

                           Article 24

                           Defence and security

                           Article 25

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

                           Article 26

                           Procurement covering several activities and involving defence or security aspects

                           Article 27

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

                           Subsection 3

                           Special relations (cooperation, affiliated undertakings and joint ventures)

                           Article 28

                           Contracts between contracting authorities

                           Article 29

                           Contracts awarded to an affiliated undertaking

                           Article 30

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

                           Subsection 4

                           Specific situations

                           Article 32

                           Research and development services

                           CHAPTER IV

                           General principles

                           Article 36

                           Principles of procurement

                           Article 37

                           Economic operators

                           Article 39

                           Confidentiality

                           Article 40

                           Rules applicable to communication

                           Article 41

                           Nomenclatures

                           Article 42

                           Conflicts of interest

                           TITLE II

                           Rules applicable to contracts

                           CHAPTER I

                           Procedures

                           Article 44

                           Choice of procedures: paragraphs 1, 2 and 4

                           Article 45

                           Open procedure

                           Article 46

                           Restricted procedure

                           Article 47

                           Negotiated procedure with prior call for competition

                           Article 50

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

                           CHAPTER III

                           Conduct of the procedure

                           Section 1

                           Preparation

                           Article 58

                           Preliminary market consultations

                           Article 59

                           Prior involvement of candidates or tenderers

                           Article 60

                           Technical specifications

                           Article 61

                           Labels

                           Article 62

                           Test reports, certification and other means of proof

                           Article 63

                           Communication of technical specifications

                           Article 64

                           Variants

                           Article 65

                           Division of contracts into lots

                           Article 66

                           Setting time limits

                           Section 2

                           Publication and Transparency

                           Article 67

                           Periodic indicative notices

                           Article 68

                           Notices on the existence of a qualification system

                           Article 69

                           Contract notices

                           Article 70

                           Contract award notices: paragraphs 1, 3 and 4

                           Article 71

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

                           Article 73

                           Electronic availability of procurement documents

                           Article 74

                           Invitations to candidates

                           Article 75

                           Informing applicants for qualification, candidates and tenderers

                           Section 3

                           Choice of participants and award of contract

                           Article 76

                           General principles

                           Subsection 1

                           Qualification and qualitative selection

                           Article 78

                           Criteria for qualitative selection

                           Article 79

                           Reliance on the capacities of other entities: paragraph 2

                           Article 80

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

                           Article 81

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

                           Subsection 2

                           Award of the contract

                           Article 82

                           Contract award criteria

                           Article 83

                           Life-cycle costing: paragraphs 1 and 2

                           Article 84

                           Abnormally low tenders: paragraphs 1-4

                           CHAPTER IV

                           Contract performance

                           Article 87

                           Conditions for performance of contracts

                           Article 88

                           Subcontracting

                           Article 89

                           Modification of contracts during their term

                           Article 90

                           Termination of contracts

                           TITLE III

                           Particular procurement regimes

                           CHAPTER I

                           Social and other specific services

                           Article 91

                           Award of contracts for social and other specific services

                           Article 92

                           Publication of notices

                           Article 93

                           Principles of awarding contracts

                           ANNEXES

                           Annex I

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

                           Annex V

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

                           Annex VI part A

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

                           Annex VI part B

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

                           Annex VIII

                           Definition of certain technical specifications

                           Annex IX

                           Features concerning publication

                           Annex X

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

                           Annex XI

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

                           Annex XII

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

                           Annex XIII

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

                           Annex XIV

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

                           Annex XVI

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

                           Annex XVII

                           Services referred to in Article 91

                           Annex XVIII

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

                     ANNEX XXIX-H

                  OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU

                  (Phase 4)

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Subject-matter and definitions

                           Article 2

                           Definitions: point (17)

                           CHAPTER III

                           Material scope

                           Section 1

                           Thresholds

                           Article 16

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

                           TITLE II

                           Rules applicable to contracts

                           CHAPTER I

                           Procedures

                           Article 44

                           Choice of procedures: paragraph 3

                           Article 48

                           Competitive dialogue

                           Article 49

                           Innovation partnership

                           Article 50

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

                           CHAPTER II

                           Techniques and instruments for electronic and aggregated procurement

                           Article 51

                           Framework agreements

                           Article 52

                           Dynamic purchasing systems

                           Article 53

                           Electronic auctions

                           Article 54

                           Electronic catalogues

                           Article 56

                           Occasional joint procurement

                           CHAPTER III

                           Conduct of the procedure

                           Section 2

                           Publication and transparency

                           Article 70

                           Contract award notices: paragraph 2

                           Section 3

                           Choice of participants and award of contracts

                           Subsection 1

                           Qualification and qualitative selection

                           Article 77

                           Qualification systems

                           Article 79

                           Reliance on the capacities of other entities: paragraph 1

                           TITLE III

                           Particular procurement regimes

                           CHAPTER II

                           Rules governing design contests

                           Article 95

                           Scope

                           Article 96

                           Notices

                           Article 97

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

                           Article 98

                           Decision of the jury

                           ANNEXES

                           Annex VII

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

                           Annex XIX

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

                           Annex XX

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

                     ANNEX XXIX-I

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

                  (Phase 4)

               The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Subject-matter and definitions

                           Article 2

                           Definitions: points (10)-(12)

                           CHAPTER IV

                           General principles

                           Article 38

                           Reserved contracts

                           TITLE II

                           Rules applicable to contracts

                           CHAPTER I

                           Procedures

                           Article 55

                           Centralised purchasing activities and central purchasing bodies

                           TITLE III

                           Particular procurement regimes

                           CHAPTER I

                           Social and other specific services

                           Article 94

                           Reserved contracts for certain services

                     ANNEX XXIX-J

                  PROVISIONS OF DIRECTIVE 2014/25/EU OUTSIDE THE SCOPE OF APPROXIMATION

               The elements listed in this Annex are not subject to the process of approximation.

                           TITLE I

                           Scope, definitions and general principles

                           CHAPTER I

                           Subject-matter and definitions

                           Article 1

                           Subject matter and scope: paragraphs 3 and 4

                           Article 3

                           Contracting authorities: paragraphs 2 and 3

                           Article 4

                           Contracting entities: paragraph 4

                           CHAPTER III

                           Material scope

                           Section 1

                           Thresholds

                           Article 17

                           Revision of the thresholds

                           Section 2

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

                           Subsection 1

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

                           Article 18

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

                           Article 19

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

                           Subsection 3

                           Special relations (cooperation, affiliated undertakings and joint ventures)

                           Article 31

                           Notification of information

                           Subsection 4

                           Specific situations

                           Article 33

                           Contracts subject to special arrangements

                           Subsection 5

                           Activities directly exposed to competition and procedural provisions relating thereto

                           Article 34

                           Activities directly exposed to competition

                           Article 35

                           Procedure for establishing whether Article 34 is applicable

                           TITLE II

                           Rules applicable to contracts

                           CHAPTER I

                           Procedures

                           Article 43

                           Conditions relating to the GPA and other international agreements

                           CHAPTER II

                           Techniques and instruments for electronic and aggregated procurement

                           Article 57

                           Procurement involving contracting entities from different Member States

                           CHAPTER III

                           Conduct of the procedure

                           Section 2

                           Publication and transparency

                           Article 71

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

                           Article 72

                           Publication at national level

                           Section 3

                           Choice of participants and award of contract

                           Article 81

                           Quality assurance standards and environmental management standards: paragraph 3

                           Article 83

                           Life-cycle costing: paragraph 3

                           Section 4

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

                           Article 85

                           Tenders comprising products originating in third countries

                           Article 86

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

                           TITLE IV

                           Governance

                           Article 99

                           Enforcement

                           Article 100

                           Individual reports on procedures for the award of contracts

                           Article 101

                           National reporting and statistical information

                           Article 102

                           Administrative cooperation

                           TITLE V

                           Delegated powers, implementing powers and final provisions

                           Article 103

                           Exercise of the delegation

                           Article 104

                           Urgency procedure

                           Article 105

                           Committee procedure

                           Article 106

                           Transposition and transitional provisions

                           Article 107

                           Repeal

                           Article 108

                           Review

                           Article 109

                           Entry into force

                           Article 110

                           Addressees

                           ANNEXES

                           Annex II

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

                           Annex III

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

                           Annex IV

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

                           Annex XV

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

                     ANNEX XXIX-K

                  BASIC ELEMENTS OF DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                  of 26 February 2014

                  on the award of concession contracts

                  (Phase 3)

                           TITLE I

                           Subject-matter, scope, principles and definitions

                           CHAPTER I

                           Scope, general principles and definitions

                           Section I

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

                           Article 1

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

                           Article 2

                           Principle of free administration by public authorities

                           Article 3

                           Principle of equal treatment, non-discrimination and transparency

                           Article 4

                           Freedom to define services of general economic interest

                           Article 5

                           Definitions

                           Article 6

                           Contracting authorities: paragraphs 1 and 4

                           Article 7

                           Contracting entities

                           Article 8

                           Threshold and methods for calculating the estimated value of concessions

                           Section II

                           Exclusions

                           Article 10

                           Exclusions applicable to concessions awarded by contracting authorities and contracting entities

                           Article 11

                           Specific exclusions in the field of electronic communications

                           Article 12

                           Specific exclusions in the field of water

                           Article 13

                           Concessions awarded to an affiliated undertaking

                           Article 14

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

                           Article 17

                           Concessions between entities within the public sector

                           Section III

                           General provisions

                           Article 18

                           Duration of the concession

                           Article 19

                           Social and other specific services

                           Article 20

                           Mixed contracts

                           Article 21

                           Mixed procurement contracts involving defence or security aspects

                           Article 22

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

                           Article 23

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

                           Article 25

                           Research and development services

                           CHAPTER II

                           Principles

                           Article 26

                           Economic operators

                           Article 27

                           Nomenclatures

                           Article 28

                           Confidentiality

                           Article 29

                           Rules applicable to communication

                           TITLE II

                           Rules on the award of concessions: general principles and procedural guarantees

                           CHAPTER I

                           General principles

                           Article 30

                           General principles: paragraphs 1, 2 and 3

                           Article 31

                           Concession notices

                           Article 32

                           Concession award notices

                           Article 33

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

                           Article 34

                           Electronic availability of concession documents

                           Article 35

                           Combating corruption and preventing conflicts of interest

                           CHAPTER II

                           Procedural guarantees

                           Article 36

                           Technical and functional requirements

                           Article 37

                           Procedural guarantees

                           Article 38

                           Selection of and qualitative assessment of candidates

                           Article 39

                           Time limits for receipt of applications and tenders for the concession

                           Article 40

                           Provision of information to candidates and tenderers

                           Article 41

                           Award criteria

                           TITLE III

                           Rules on performance of concessions

                           Article 42

                           Subcontracting

                           Article 43

                           Modification of contracts during their term

                           Article 44

                           Termination of concessions

                           Article 45

                           Monitoring and reporting

                           ANNEXES

                           Annex I

                           List of the activities referred to in point (7) of Article 5

                           Annex II

                           Activities exercised by contracting entities as referred to in Article 7

                           Annex III

                           List of legal acts of the union referred to in point (b) of Article 7(2)

                           Annex IV

                           Services referred to in Article 19

                           Annex V

                           Information to be included in concession notices referred to in Article 31

                           Annex VI

                           Information to be included in prior information notices concerning concessions for social and other specific services, as referred to in Article 31(3)

                           Annex VII

                           Information to be included in concession award notices, as referred to in Article 32

                           Annex VIII

                           Information to be included in concession award notices concerning concessions for social and other specific services, as referred to in Article 32

                           Annex IX

                           Features concerning publication

                           Annex X

                           List of international social and environmental conventions referred to in Article 30(3)

                           Annex XI

                           Information to be included in notices of modifications of a concession during its term according to Article 43

                     ANNEX XXIX-L

                  OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU

                  (Phase 3)

               The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.

                           TITLE I

                           Subject-matter, scope, principles and definitions

                           CHAPTER I

                           Scope, general principles and definitions

                           Section IV

                           Specific situations

                           Article 24

                           Reserved concessions

                     ANNEX XXIX-M

                  PROVISIONS OF DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION

               The elements listed in this Annex are not subject to the process of approximation.

                           TITLE I

                           Subject-matter, scope, principles and definitions

                           CHAPTER I

                           Scope, general principles and definitions

                           Section I

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

                           Article 1

                           Subject-matter and scope: paragraph 3

                           Article 6

                           Contracting authorities: paragraphs 2 and 3

                           Article 9

                           Revision of the threshold

                           Section II

                           Exclusions

                           Article 15

                           Notification of information by contracting entities

                           Article 16

                           Exclusion of activities which are directly exposed to competition

                           TITLE II

                           Rules on the award of concessions: general principles and procedural guarantees

                           CHAPTER I

                           General principles

                           Article 30

                           General principles: paragraph 4

                           Article 33

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

                           TITLE IV

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

                           Article 46

                           Amendments to Directive 89/665/EEC

                           Article 47

                           Amendments to Directive 92/13/EEC

                           TITLE V

                           Delegated powers, implementing powers and final provisions

                           Article 48

                           Exercise of the delegation

                           Article 49

                           Urgency procedure

                           Article 50

                           Committee procedure

                           Article 51

                           Transposition

                           Article 52

                           Transitional provisions

                           Article 53

                           Monitoring and reporting

                           Article 54

                           Entry into force

                           Article 55

                           Addressees

                     ANNEX XXIX-N

                  BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC

                  of 21 December 1989

                  on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts as amended by Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and No 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts and by Directive 2014/23/EU

                  (Phase 2)

                           Article 1

                           Scope and availability of review procedures

                           Article 2

                           Requirements for review procedures

                           Article 2a

                           Standstill period

                           Article 2b

                           Derogations from the standstill period: point (b) of the first paragraph

                           Article 2c

                           Time limits for applying for review

                           Article 2d

                           Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3

                           Article 2e

                           Infringements of this Directive and alternative penalties

                           Article 2f

                           Time limits

                     ANNEX XXIX-O

                  OTHER ELEMENTS OF DIRECTIVE 89/665/EEC

                  (Phase 2)

                           Article 2b

                           Derogations from the standstill period: point (c) of the first paragraph

                           Article 2d

                           Ineffectiveness: point (c) of the first paragraph, paragraph 5

                     ANNEX XXIX-P

                  PROVISIONS OF DIRECTIVE 89/665/EEC OUTSIDE THE SCOPE OF APPROXIMATION

               The elements listed in this Annex are not subject to the process of approximation.

                           Article 2b

                           Derogations from the standstill period: point (a) of the first paragraph

                           Article 2d

                           Ineffectiveness: point (a) of the first paragraph, paragraph 4

                           Article 3

                           Corrective mechanism

                           Article 3a

                           Content of the notice for voluntary ex ante transparency

                           Article 3b

                           Committee procedure

                           Article 4

                           Implementation

                           Article 4a

                           Review

                     ANNEX XXIX-Q

                  BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC

                  of 25 February 1992

                  coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors as amended by Directive 2007/66/EC and Directive 2014/23/EU

                  (Phase 2)

                           Article 1

                           Scope and availability of review procedures

                           Article 2

                           Requirements for review procedures

                           Article 2a

                           Standstill period

                           Article 2b

                           Derogations from the standstill period: point (b) of the first paragraph

                           Article 2c

                           Time limits for applying for review

                           Article 2d

                           Ineffectiveness: point (b) of paragraph 1, paragraphs 2 and 3

                           Article 2e

                           Infringements of this Directive and alternative penalties

                           Article 2f

                           Time limits

                     ANNEX XXIX-R

                  OTHER ELEMENTS OF DIRECTIVE 92/13/EEC

                  (Phase 4)

                           Article 2b

                           Derogations from the standstill period: point (c) of the first paragraph, paragraph 5

                     ANNEX XXIX-S

                  PROVISIONS OF DIRECTIVE 92/13/EEC OUTSIDE THE SCOPE OF APPROXIMATION

               The elements listed in this Annex are not subject to the process of approximation.

                           Article 2b

                           Derogations from the standstill period: point (a) of the first paragraph

                           Article 2d

                           Ineffectiveness: point (a) of the first paragraph, paragraph 4

                           Article 3a

                           Content of the notice for voluntary ex ante transparency

                           Article 3b

                           Committee procedure

                           Article 8

                           Corrective mechanism

                           Article 12

                           Implementation

                           Article 12a

                           Review

                     ANNEX XXIX-T

                  THE REPUBLIC OF MOLDOVA: INDICATIVE LIST OF ISSUES FOR COOPERATION

                           1.

                           Training, in the Union and the Republic of Moldova, of officials of the Republic of Moldova from government bodies engaged in public procurement.

                           2.

                           Training of suppliers interested in participating in public procurement.

                           3.

                           Exchange of information and experience on best practice and regulatory rules in the field of public procurement.

                           4.

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

                           5.

                           Consultations and methodological assistance from the Union in application of modern electronic technologies in the field of public procurement.

                           6.

                           Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions (see Article 270 of this Agreement).’.