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 Text with EEA relevance
Modified by
- Commission Delegated Regulation (EU) 2015/2171of 24 November 2015amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts(Text with EEA relevance), 32015R2171, November 25, 2015
- Commission Delegated Regulation (EU) 2017/2364of 18 December 2017amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts(Text with EEA relevance), 32017R2364, December 19, 2017
(1) "supply, works and service contracts" means contracts for pecuniary interest concluded in writing between one or more contracting entities and one or more economic operators and having as their object the execution of works, the supply of products or the provision of services; (2) "works contracts" means contracts having as their object one of the following: (a) the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex I; (b) the execution, or both the design and execution, of a work; (c) the realisation by whatever means of a work corresponding to the requirements specified by the contracting entity exercising a decisive influence on the type or design of the work;
(3) "a work" means the outcome of building or civil engineering works taken as a whole which is sufficient in itself to fulfil an economic or technical function; (4) "supply contracts" means contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A supply contract may include, as an incidental matter, siting and installation operations; (5) "service contracts" means contracts having as their object the provision of services other than those referred to in point 2; (6) "economic operator" means any natural or legal person, or a contracting entity, or a group of such persons and/or entities, including any temporary association of undertakings, which offers the execution of works and/or a work, the supply of products or the provision of services on the market; (7) "tenderer" means an economic operator that has submitted a tender; (8) "candidate" means an economic operator that has sought an invitation or has been invited to take part in a restricted or negotiated procedure, in a competitive dialogue or in an innovation partnership; (9) "procurement document" means any document produced or referred to by the contracting entity to describe or determine elements of the procurement or the procedure, including the contract notice, the periodic indicative notice or the notices on the existence of a qualification system where they are used as a means of calling for competition, the technical specifications, the descriptive document, proposed conditions of contract, formats for the presentation of documents by candidates and tenderers, information on generally applicable obligations and any additional documents; (10) "centralised purchasing activities" means activities conducted on a permanent basis, in one of the following forms: (a) the acquisition of supplies and/or services intended for contracting entities, (b) the award of contracts or the conclusion of framework agreements for works, supplies or services intended for contracting entities;
(11) "ancillary purchasing activities" means activities consisting in the provision of support to purchasing activities, in particular in the following forms: (a) technical infrastructure enabling contracting entities to award public contracts or to conclude framework agreements for works, supplies or services; (b) advice on the conduct or design of procurement procedures; (c) preparation and management of procurement procedures on behalf and for the account of the contracting entity concerned;
(12) "central purchasing body" means a contracting entity within the meaning of Article 4(1) of this Directive or a contracting authority within the meaning of point 1 of Article 2(1) of Directive 2014/24/EU providing centralised purchasing activities and, possibly, ancillary purchasing activities. Procurement carried out by a central purchasing body in order to perform centralised purchasing activities shall be deemed to be procurement for the pursuit of an activity as described in Articles 8 to 14. Article 18 shall not apply to procurement carried out by a central purchasing body in order to perform centralised purchasing activities; (13) "procurement service provider" means a public or private body, which offers ancillary purchasing activities on the market; (14) "written" or "in writing" means any expression consisting of words or figures which can be read, reproduced and subsequently communicated, including information transmitted and stored by electronic means; (15) "electronic means" means electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; (16) "life cycle" means all consecutive and/or interlinked stages, including research and development to be carried out, production, trading and its conditions, transport, use and maintenance, throughout the existence of the product or the works or the provision of the service, from raw material acquisition or generation of resources to disposal, clearance and end of service or utilisation; (17) "design contests" means those procedures which enable the contracting entity to acquire, mainly in the fields of town and country planning, architecture, engineering or data processing, a plan or design selected by a jury after being put out to competition with or without the award of prizes; (18) "innovation" means the implementation of a new or significantly improved product, service or process, including but not limited to production, building or construction processes, a new marketing method, or a new organisational method in business practices, workplace organisation or external relations, inter alia, with the purpose of helping to solve societal challenges or to support the Europe 2020 strategy for smart, sustainable and inclusive growth; (19) "label" means any document, certificate or attestation confirming that the works, products, services, processes or procedures in question meet certain requirements; (20) "label requirements" means the requirements to be met by the works, products, services, processes or procedures in question in order to obtain the label concerned.
(a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; (b) they have legal personality; and (c) they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those authorities or bodies; or which have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law.
(a) are contracting authorities or public undertakings and which pursue one of the activities referred to in Articles 8 to 14; (b) when they are not contracting authorities or public undertakings, have as one of their activities any of the activities referred to in Articles 8 to 14, or any combination thereof and operate on the basis of special or exclusive rights granted by a competent authority of a Member State.
(a) hold the majority of the undertaking’s subscribed capital; (b) control the majority of the votes attaching to shares issued by the undertaking, (c) can appoint more than half of the undertaking’s administrative, management or supervisory body.
(a) procurement procedures with a prior call for competition in conformity with Directive 2014/24/EU, Directive 2009/81/EC, Directive 2014/23/EU or this Directive; (b) procedures pursuant to other legal acts of the Union listed in Annex II, ensuring adequate prior transparency for granting authorisations on the basis of objective criteria.
(a) the contract shall be awarded in accordance with Directive 2014/24/EU, if one of the activities for which the contract is intended is subject to this Directive and the other to Directive 2014/24/EU; (b) the contract shall be awarded in accordance with this Directive, if one of the activities for which the contract is intended is subject to this Directive and the other to Directive 2014/23/EU; (c) the contract shall be awarded in accordance with this Directive, if one of the activities for which the contract is intended is subject to this Directive and the other is not subject to either this Directive, Directive 2014/24/EU or 2014/23/EU.
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; (b) the supply of gas or heat to such networks.
(a) the production of gas or heat by that contracting entity is the unavoidable consequence of carrying out an activity other than those referred to in paragraph 1 of this Article or in Articles 9 to 11; (b) the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than 20 % of the contracting entity’s turnover on the basis of the average for the preceding three years, including the current year.
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of electricity; (b) the supply of electricity to such networks.
(a) the production of electricity by that contracting entity takes place because its consumption is necessary for carrying out an activity other than those referred to in paragraph 1 of this Article or in Articles 8, 10 and 11; (b) supply to the public network depends only on that contracting entity’s own consumption and has not exceeded 30 % of that contracting entity’s total production of energy, on the basis of the average for the preceding three years, including the current year.
(a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water; (b) the supply of drinking water to such networks.
(a) hydraulic engineering projects, irrigation or land drainage, provided that the volume of water to be used for the supply of drinking water represents more than 20 % of the total volume of water made available by such projects or irrigation or drainage installations, (b) the disposal or treatment of sewage.
(a) the production of drinking water by that contracting entity concerned takes place because its consumption is necessary for carrying out an activity other than those referred to in Articles 8 to 11; (b) the supply to the public network depends only on that contracting entity’s own consumption and has not exceeded 30 % of that contracting entity’s total production of drinking water, on the basis of the average for the preceding three years, including the current year.
(a) postal services; (b) other services than postal services, on condition that such services are provided by an entity which also provides postal services within the meaning of point (b) of paragraph 2 of this Article and provided that the conditions set out in Article 34(1) are not satisfied in respect of the services falling within point (b) of paragraph 2 of this Article.
(a) "postal item" means an item addressed in the final form in which it is to be carried, irrespective of weight. In addition to items of correspondence, such items also include for instance books, catalogues, newspapers, periodicals and postal packages containing merchandise with or without commercial value, irrespective of weight; (b) "postal services" means services consisting of the clearance, sorting, routing and delivery of postal items. This shall include both services falling within as well as services falling outside the scope of the universal service set up in conformity with Directive 97/67/EC; (c) "other services than postal services" means services provided in the following areas: (i) mail service management services (services both preceding and subsequent to despatch, including mailroom management services); (ii) services concerning postal items not included in point (a), such as direct mail bearing no address.
(a) extracting oil or gas; (b) exploring for, or extracting, coal or other solid fuels.
(a) EUR 443000 for supply and service contracts as well as for design contests;(b) EUR 5548000 for works contracts;(c) EUR 1000000 for service contracts for social and other specific services listed in Annex XVII.
(a) either the total actual value of the successive contracts of the same type awarded during the preceding 12 months or financial year adjusted, where possible, to take account of the changes in quantity or value which would occur in the course of the 12 months following the initial contract; (b) or the total estimated value of the successive contracts awarded during the 12 months following the first delivery, or during the financial year where that is longer than 12 months.
(a) in the case of fixed-term contracts, if that term is less than or equal to 12 months, the total estimated value for the term of the contract or, where the term of the contract is greater than 12 months, the total value including the estimated residual value; (b) in the case of contracts without a fixed term or the term of which cannot be defined, the monthly value multiplied by 48.
(a) insurance services: the premium payable, and other forms of remuneration; (b) banking and other financial services: the fees, commissions payable, interest and other forms of remuneration; (c) design contracts: fees, commissions payable and other forms of remuneration.
(a) in the case of fixed-term contracts, where that term is less than or equal to 48 months: the total value for their full term; (b) in the case of contracts without a fixed term or with a term greater than 48 months: the monthly value multiplied by 48.
(a) a legal instrument creating international law obligations, such as an international agreement, concluded in accordance with the Treaties, between a Member State and one or more third countries or subdivisions thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by their signatories; (b) an international organisation.
(a) the acquisition or rental, by whatever financial means, of land, existing buildings or other immovable property or concerning rights thereon; (b) arbitration and conciliation services; (c) any of the following legal services: (i) legal representation of a client by a lawyer within the meaning of Article 1 of Council Directive 77/249/EEC Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17 ).an arbitration or conciliation held in a Member State, a third country or before an international arbitration or conciliation instance; or judicial proceedings before the courts, tribunals or public authorities of a Member State or a third country or before international courts, tribunals or institutions;
(ii) legal advice given in preparation of any of the proceedings referred to in point (i) of this point or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings, provided that the advice is given by a lawyer within the meaning of Article 1 of Directive 77/249/EEC; (iii) document certification and authentication services which must be provided by notaries; (iv) legal services provided by trustees or appointed guardians or other legal services the providers of which are designated by a court or tribunal in the Member State concerned or are designated by law to carry out specific tasks under the supervision of such tribunals or courts; (v) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority;
(d) financial services in connection with the issue, sale, purchase or transfer of securities or other financial instruments within the meaning of Directive 2004/39/EC of the European Parliament and of the Council Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1 ).(e) loans, whether or not in connection with the issue, sale, purchase or transfer of securities or other financial instruments; (f) employment contracts; (g) public passenger transport services by rail or metro; (h) civil defence, civil protection, and danger prevention that are provided by non-profit organisations or associations, and which are covered by CPV codes 75250000-3, 75251000-0, 75251100-1, 75251110-4, 75251120-7, 75252000-7, 75222000-8; 98113100-9 and 85143000-3 except patient transport ambulance services; (i) contracts for broadcasting time or programme provision that are awarded to audiovisual or radio media service providers. For the purposes of this point, "media service providers" shall have the same meaning as pursuant to point (d) of Article 1(1) of Directive 2010/13/EU of the European Parliament and of the Council Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1 ).
(a) to contracts for the purchase of water if awarded by contracting entities engaged in one or both of the activities relating to drinking water referred to in Article 10(1); (b) to contracts awarded by contracting entities themselves being active in the energy sector by being engaged in an activity referred to in Article 8(1), Article 9(1) or Article 14 for the supply: (i) of energy; (ii) of fuels for the production of energy.
(a) contracts falling within the scope of Directive 2009/81/EC; (b) contracts to which Directive 2009/81/EC does not apply pursuant to Articles 8, 12 and 13 thereof.
(a) where part of a given contract is covered by Article 346 TFEU, the contract may be awarded without applying this Directive, provided that the award of a single contract is justified for objective reasons; (b) where part of a given contract is covered by Directive 2009/81/EC, the contract may be awarded in accordance with that Directive, provided that the award of a single contract is justified for objective reasons. This point shall be without prejudice to the thresholds and exclusions for which that Directive provides.
(a) subject to Directive 2009/81/EC, or (b) covered by Article 346 TFEU,
(a) an international agreement or arrangement, concluded in accordance with the Treaties, between a Member State and one or more third countries or subdivisions thereof and covering works, supplies or services intended for the joint implementation or exploitation of a project by their signatories; (b) an international agreement or arrangement relating to the stationing of troops and concerning the undertakings of a Member State or a third country; (c) an international organisation.
(a) the contracting authority exercises over the legal person concerned a control which is similar to that which it exercises over its own departments; (b) more than 80 % of the activities of the controlled legal person are carried out in the performance of tasks entrusted to it by the controlling contracting authority or by other legal persons controlled by that contracting authority; (c) there is no direct private capital participation in the controlled legal person with the exception of non-controlling and non-blocking forms of private capital participation required by national legislative provisions, in conformity with the Treaties, which do not exert a decisive influence on the controlled legal person.
(a) the contracting authority exercises jointly with other contracting authorities a control over that legal person which is similar to that which they exercise over their own departments; (b) more than 80 % of the activities of that legal person are carried out in the performance of tasks entrusted to it by the controlling contracting authorities or by other legal persons controlled by the same contracting authorities; and (c) there is no direct private capital participation in the controlled legal person with the exception of non-controlling and non-blocking forms of private capital participation required by national legislative provisions, in conformity with the Treaties, which do not exert a decisive influence on the controlled legal person.
(i) the decision-making bodies of the controlled legal person are composed of representatives of all participating contracting authorities. Individual representatives may represent several or all of the participating contracting authorities; (ii) those contracting authorities are able to jointly exert decisive influence over the strategic objectives and significant decisions of the controlled legal person; and (iii) the controlled legal person does not pursue any interests which are contrary to those of the controlling contracting authorities.
(a) the contract establishes or implements a cooperation between the participating contracting authorities with the aim of ensuring that public services they have to perform are provided with a view to achieving objectives they have in common; (b) the implementation of that cooperation is governed solely by considerations relating to the public interest; and (c) the participating contracting authorities perform on the open market less than 20 % of the activities concerned by the cooperation.
(a) may be, directly or indirectly, subject to a dominant influence by the contracting entity; (b) may exercise a dominant influence over the contracting entity; or (c) in common with the contracting entity, is subject to the dominant influence of another undertaking by virtue of ownership, financial participation, or the rules which govern it.
(a) by a contracting entity to an affiliated undertaking, or (b) by a joint venture, formed exclusively by a number of contracting entities for the purpose of carrying out activities described in Articles 8 to 14, to an undertaking which is affiliated with one of those contracting entities.
(a) service contracts provided that at least 80 % of the average total turnover of the affiliated undertaking over the preceding three years, taking into account all services provided by that undertaking, derives from the provision of services to the contracting entity or other undertakings with which it is affiliated; (b) supply contracts provided that at least 80 % of the average total turnover of the affiliated undertaking, taking into account all supplies provided by that undertaking, over the preceding three years derives from the provision of supplies to the contracting entity or other undertakings with which it is affiliated; (c) to works contracts provided that at least 80 % of the average total turnover of the affiliated undertaking, taking into account all works provided by that undertaking, over the preceding three years derives from the provision of works to the contracting entity or other undertakings with which it is affiliated.
(a) by a joint venture, formed exclusively by a number of contracting entities for the purpose of carrying out activities within the meaning of Articles 8 to 14, to one of those contracting entities; or (b) by a contracting entity to such a joint venture of which it forms part.
(a) the names of the undertakings or joint ventures concerned, (b) the nature and value of the contracts involved, (c) proof deemed necessary by the Commission that the relationship between the undertaking or joint venture to which the contracts are awarded and the contracting entity complies with the requirements of Articles 29 or 30.
(a) the benefits accrue exclusively to the contracting entity for its use in the conduct of its own affairs, and (b) the service provided is wholly remunerated by the contracting entity.
(a) observes the principles of non-discrimination and competitive procurement in respect of the award of supplies, works and service contracts, in particular as regards the information which the entity makes available to economic operators concerning its procurement intentions; (b) communicates to the Commission, under the conditions defined in Commission Decision 93/327/EEC Commission Decision 93/327/EEC of 13 May 1993 defining the conditions under which contracting entities exploiting geographical areas for the purpose of exploring for or extracting oil, gas, coal or other solid fuels must communicate to the Commission information relating to the contracts they award (OJ L 129, 27.5.1993, p. 25 ).
(a) The Commission has adopted the implementing act establishing the applicability of Article 34(1) within the period provided for in Annex IV; (b) has not adopted the implementing act within the period provided for in Annex IV.
(a) the publication in the Official Journal of the European Union , for information, of the date on which the period set out in paragraph 1 of Annex IV begins and ends, including any prolongations or suspensions of those periods, as provided for in that Annex;(b) publication of the possible applicability of Article 34(1) in accordance with point (b) of the second subparagraph of paragraph 3 of this Article; (c) implementing provisions concerning the form, content and other details of requests pursuant to paragraph 1 of this Article;
(a) due to the specialised nature of the procurement, the use of electronic means of communication would require specific tools, devices or file formats that are not generally available or supported by generally available applications; (b) the applications supporting file formats that are suitable for the description of the tenders use file formats that cannot be handled by any other open or generally available applications or are under a proprietary licensing scheme and cannot be made available for downloading or remote use by the contracting entity; (c) the use of electronic means of communication would require specialised office equipment that is not generally available to contracting entities; (d) the procurement documents require the submission of physical or scale models which cannot be transmitted using electronic means.
(a) offer unrestricted and full direct access free of charge by electronic means to those tools and devices from the date of publication of the notice in accordance with Annex IX or from the date on which the invitation to confirm interest is sent. The text of the notice or the invitation to confirm interest shall specify the internet address at which those tools and devices are accessible; (b) ensure that tenderers having no access to the tools and devices concerned, or no possibility of obtaining them within the relevant time limits, provided that the lack of access is not attributable to the tenderer concerned, may access the procurement procedure through the use of provisional tokens made available free of charge online; or (c) support an alternative channel for electronic submission of tenders.
(a) information on specifications for the electronic submission of tenders and requests to participate, including encryption and time-stamping, shall be available to interested parties; (b) Member States, or contracting entities acting within an overall framework established by the Member State concerned, shall specify the level of security required for the electronic means of communication to be used in the various stages of the specific procurement procedure; that level shall be proportionate to the risks attached; (c) where Member States, or contracting entities acting within an overall framework established by the Member State concerned, conclude that the level of risks, assessed under point (b) of this paragraph, is such that advanced electronic signatures as defined by Directive 1999/93/EC of the European Parliament and of the Council Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (OJ L 13, 19.1.2000, p. 12 ).Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 274, 20.10.2009, p. 36 ).(i) the contracting entities shall establish the required advanced signature format on the basis of formats established in Commission Decision 2011/130/EU Commission Decision 2011/130/EU of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (OJ L 53, 26.2.2011, p. 66 ).(ii) where a tender is signed with the support of a qualified certificate that is included on a trusted list, the contracting entities shall not apply additional requirements that may hinder the use of those signatures by tenderers.
(a) a periodic indicative notice pursuant to Article 67 where the contract is awarded by restricted or negotiated procedure; (b) a notice on the existence of a qualification system pursuant to Article 68 where the contract is awarded by restricted or negotiated procedure or by a competitive dialogue or an innovation partnership; (c) by means of a contract notice pursuant to Article 69.
(a) the periodic indicative notice included, in addition to the information required by Section I of Part A of Annex VI, all the information required by Section II of Part A of Annex VI, insofar as the latter information was available at the time the periodic indicative notice was published; (b) the periodic indicative notice was sent for publication between 35 days and 12 months before the date on which the contract notice was sent.
(a) where no tenders or no suitable tenders or no requests to participate or no suitable requests to participate have been submitted in response to a procedure with a prior call for competition, provided that the initial conditions of the contract are not substantially altered; A tender shall be considered not to be suitable where it is irrelevant to the contract, being manifestly incapable, without substantial changes, of meeting the contracting entity’s needs and requirements as specified in the procurement documents. A request for participation shall be considered not to be suitable where the economic operator concerned is to be or may be excluded pursuant to Articles 78(1) or 80(1), or does not meet the selection criteria laid down by the contracting entity pursuant to Articles 78 or 80; (b) where a contract is purely for the purpose of research, experiment, study or development, and not for the purpose of securing a profit or of recovering research and development costs, and insofar as the award of such contract does not prejudice the competitive award of subsequent contracts which do seek, in particular, those ends; (c) where the works, supplies or services can be supplied only by a particular economic operator for any of the following reasons: (i) the aim of the procurement is the creation or acquisition of a unique work of art or artistic performance; (ii) competition is absent for technical reasons; (iii) the protection of exclusive rights, including intellectual property rights.
The exceptions set out in points (ii) and (iii) shall only apply when no reasonable alternative or substitute exists and the absence of competition is not the result of an artificial narrowing down of the parameters of the procurement; (d) in so far as is strictly necessary where, for reasons of extreme urgency brought about by events unforeseeable by the contracting entity, the time limits laid down for open procedures, restricted procedures and negotiated procedures with prior call for competition cannot be complied with. The circumstances invoked to justify extreme urgency shall not in any event be attributable to the contracting entity; (e) in the case of supply contracts for additional deliveries by the original supplier which are intended either as a partial replacement of supplies or installations or as the extension of existing supplies or installations, where a change of supplier would oblige the contracting entity to acquire supplies having different technical characteristics which would result in incompatibility or disproportionate technical difficulties in operation and maintenance; (f) for new works or services consisting in the repetition of similar works or services assigned to the contractor to which the same contracting entities awarded an earlier contract, provided that such works or services conform to a basic project for which a first contract was awarded according to a procedure in accordance with Article 44(1). The basic project shall indicate the extent of possible additional works or services and the conditions under which they will be awarded. As soon as the first project is put up for tender, the possible use of this procedure shall be disclosed and the total estimated cost of subsequent works or services shall be taken into consideration by the contracting entities when they apply Articles 15 and 16; (g) for supplies quoted and purchased on a commodity market; (h) for bargain purchases, where it is possible to procure supplies by taking advantage of a particularly advantageous opportunity available for a very short time at a price considerably lower than normal market prices; (i) for purchases of supplies or services under particularly advantageous conditions from either a supplier which is definitively winding up its business activities or the liquidator in an insolvency procedure, an arrangement with creditors or a similar procedure under national laws or regulations; (j) where the service contract concerned follows a design contest organised in accordance with this Directive and is to be awarded, under the rules provided for in the design contest, to the winner or to one of the winners of that contest; in the latter case, all the winners shall be invited to participate in the negotiations.
(a) the minimum time limit for receipt of requests to participate shall, as a general rule, be fixed at no less than 30 days from the date on which the contract notice or, where a periodic indicative notice is used as a means of calling for competition, the invitation to confirm interest is sent and shall in any event not be less than 15 days. No further time limits for receipt of requests to participate shall apply once the invitation to tender for the first specific procurement under the dynamic purchasing system has been sent. (b) The minimum time limit for receipt of tenders shall be at least 10 days from the date on which the invitation to tender is sent. The second and third subparagraphs of Article 46(2) shall apply.
(a) publish a call for competition making it clear that a dynamic purchasing system is involved; (b) indicate in the procurement documents at least the nature and estimated quantity of the purchases envisaged, as well as all the necessary information concerning the dynamic purchasing system, including how the dynamic purchasing system operates, the electronic equipment used and the technical connection arrangements and specifications; (c) indicate any division into categories of products, works or services and the characteristics defining them; (d) offer unrestricted and full direct access, as long as the system is valid, to the procurement documents in accordance with Article 73.
(a) where the period of validity is changed without terminating the system, the form used initially for the call for competition for the dynamic purchasing system; (b) where the system is terminated, a contract award notice referred to in Article 70.
(a) solely on prices where the contract is awarded on the basis of price only, (b) on prices and/or on the new values of the features of the tenders indicated in the procurement documents, where the contract is awarded on the basis of the best price-quality ratio or to the tender with the lowest cost using a cost-effectiveness approach.
(a) at the previously indicated date and time; (b) when they receive no more new prices or new values which meet the requirements concerning minimum differences, provided that they have previously stated the time which they will allow to elapse after receiving the last submission before they close the electronic auction; or (c) when the previously indicated number of phases in the auction has been completed.
(a) state so in the contract notice, in the invitation to confirm interest, or, where the means of calling for competition is a notice on the existence of a qualification system, in the invitation to tender or to negotiate; (b) indicate in the procurement documents all the necessary information pursuant to Article 40(6) concerning the format, the electronic equipment used and the technical connection arrangements and specifications for the catalogue.
(a) invite tenderers to resubmit their electronic catalogues, adapted to the requirements of the contract in question; or (b) notify tenderers that they intend to collect from the electronic catalogues which have already been submitted the information needed to constitute tenders adapted to the requirements of the contract in question, provided that the use of that method has been announced in the procurement documents for the framework agreement.
(a) awarding a contract under a dynamic purchasing system, which is operated by a central purchasing body; or (b) conducting a reopening of competition under a framework agreement that has been concluded by a central purchasing body.
(a) the award of a contract under a dynamic purchasing system; (b) the conduct of a reopening of competition under a framework agreement.
(a) the responsibilities of the parties and the relevant applicable national provisions; (b) the internal organisation of the procurement procedure, including the management of the procedure, the distribution of the works, supplies or services to be procured, and the conclusion of contracts.
(a) the national provisions of the Member State where the joint entity has its registered office; (b) the national provisions of the Member State where the joint entity is carrying out its activities.
(a) in terms of performance or functional requirements, including environmental characteristics, provided that the parameters are sufficiently precise to allow tenderers to determine the subject-matter of the contract and to allow contracting entities to award the contract; (b) by reference to technical specifications and, in order of preference, to national standards transposing European standards, European Technical Assessments, common technical specifications, international standards, other technical reference systems established by the European standardisation bodies or — when any of those do not exist — national standards, national technical approvals or national technical specifications relating to the design, calculation and execution of the works and use of the supplies; each reference shall be accompanied by the words "or equivalent"; (c) in terms of performance or functional requirements referred to in point (a), with reference to the technical specifications referred to in point (b) as a means of presuming conformity with such performance or functional requirements; (d) by reference to the technical specifications referred to in point (b) for certain characteristics, and by reference to the performance or functional requirements referred to in point (a) for other characteristics.
(a) the label requirements only concern criteria which are linked to the subject-matter of the contract and are appropriate to define the characteristics of the works, supplies or services that are the subject-matter of the contract; (b) the label requirements are based on objectively verifiable and non-discriminatory criteria; (c) the labels are established in an open and transparent procedure in which all relevant stakeholders, including government bodies, consumers, social partners, manufacturers, distributors and non-governmental organisations may participate; (d) the labels are accessible to all interested parties; (e) the label requirements are set by a third party over which the economic operator applying for the label cannot exercise a decisive influence.
(a) where, for whatever reason, additional information, although requested by the economic operator in good time, is not supplied at the latest six days before the time limit fixed for the receipt of tenders. In the event of an accelerated open procedure as referred to in Article 45(3), that period shall be four days; (b) where significant changes are made to the procurement documents.
(a) it refers specifically to the supplies, works or services that will be the subject of the contract to be awarded; (b) it indicates that the contract will be awarded by restricted or negotiated procedure without further publication of a call for competition and invites interested economic operators to express their interest; (c) it contains, in addition to the information set out in part A, section I of Annex VI, the information set out in part A, section II of Annex VI; (d) it has been sent for publication between 35 days and 12 months prior to the date on which the invitation to confirm interest is sent.
(a) where the period of validity is changed without terminating the system, the form for notices on the existence of qualification systems; (b) where the system is terminated, a contract award notice referred to in Article 70.
(a) the indication "R & D services" where the contract has been awarded by a negotiated procedure without a call for competition in accordance with Article 50(b); (b) information at least as detailed as was indicated in the notice that was used as a means of calling for competition.
(a) in the case of periodic indicative notices for 12 months or until receipt of a contract award notice as provided for in Article 70(2) indicating that no further contracts will be awarded during the 12 month period covered by the call for competition. However, in the case of contracts for social and other specific services, the periodic indicative notice referred to in point (b) of Article 92(1) shall continue to be published until the end of its originally indicated period of validity or until receipt of a contract award notice as provided for in Article 70 indicating that no further contracts will be awarded during the period covered by the call for competition; (b) in the case of calls for competition setting up a dynamic purchasing system for the period of validity of the dynamic purchasing system; (c) in the case of notices on the existence of a qualification system for its period of validity.
(a) any unsuccessful candidate of the reasons for the rejection of its request to participate; (b) any unsuccessful tenderer of the reasons for the rejection of its tender, including, for the cases referred to in Article 60(5) and (6), the reasons for their decision of non-equivalence or their decision that the works, supplies or services do not meet the performance or functional requirements; (c) any tenderer that has made an admissible tender of the characteristics and relative advantages of the tender selected, as well as the name of the successful tenderer or the parties to the framework agreement; (d) any tenderer that has made an admissible tender of the conduct and progress of negotiations and dialogue with tenderers.
(a) contracting entities having provided rules and criteria for the exclusion of tenderers or candidates in accordance with Article 78(1) or Article 80(1) shall exclude economic operators identified in accordance with such rules and fulfilling such criteria; (b) they shall select tenderers and candidates in accordance with the objective rules and criteria laid down pursuant to Articles 78 and 80; (c) in restricted procedures, in negotiated procedures with a call for competition, in competitive dialogues and in innovation partnerships, they shall where appropriate reduce in accordance with Article 78(2) the number of candidates selected pursuant to points (a) and (b) of this paragraph.
(a) qualify economic operators in accordance with Article 77; (b) apply to such qualified economic operators those provisions of paragraph 1 that are relevant to restricted or negotiated procedures, to competitive dialogues or to innovation partnerships.
(a) impose administrative, technical or financial conditions on certain economic operators which would not be imposed on others; (b) require tests or evidence which would duplicate objective evidence already available.
(a) quality, including technical merit, aesthetic and functional characteristics, accessibility, design for all users, social, environmental and innovative characteristics and trading and its conditions; (b) organisation, qualification and experience of staff assigned to performing the contract, where the quality of the staff assigned can have a significant impact on the level of performance of the contract; or (c) after-sales service and technical assistance, delivery conditions such as delivery date, delivery process and delivery period or period of completion, commitments with regard to parts and security of supply.
(a) the specific process of production, provision or trading of those works, supplies or services; or (b) a specific process for another stage of their life cycle,
(a) costs, borne by the contracting entity or other users, such as: (i) costs relating to acquisition, (ii) costs of use, such as consumption of energy and other resources, (iii) maintenance costs, (iv) end of life costs, such as collection and recycling costs
(b) cost imputed to environmental externalities linked to the product, service or works during its life cycle, provided their monetary value can be determined and verified; such costs may include the cost of emissions of greenhouse gases and of other pollutant emissions and other climate change mitigation costs.
(a) it is based on objectively verifiable and non-discriminatory criteria. In particular where it has not been established for repeated or continuous application, it shall not unduly favour or disadvantage certain economic operators; (b) it is accessible to all interested parties; (c) the data required can be provided with reasonable effort by normally diligent economic operators, including economic operators from third countries party to the GPA or other international agreements by which the Union is bound.
(a) the economics of the manufacturing process, of the services provided or of the construction method; (b) the technical solutions chosen or any exceptionally favourable conditions available to the tenderer for the supply of the products or services or for the execution of the work; (c) the originality of the supplies, services or work proposed by the tenderer; (d) compliance with obligations referred to in Article 36(2); (e) compliance with obligations referred to in Article 88; (f) the possibility of the tenderer obtaining State aid.
(a) does not grant Union undertakings effective access comparable to that granted by the Union to undertakings from that country; (b) does not grant Union undertakings national treatment or the same competitive opportunities as are available to national undertakings; or (c) grants undertakings from other third countries more favourable treatment than Union undertakings.
(a) undertakings governed by the law of the third country in question; (b) undertakings affiliated to the undertakings specified in point (a) and having their registered office in the Union but having no direct and effective link with the economy of a Member State; (c) undertakings submitting tenders which have as their subject-matter services originating in the third country in question.
(a) supply contracts, to services contracts other than those concerning services to be provided at the facilities under the direct oversight of the contracting entity or to suppliers involved in works or services contracts; (b) subcontractors of the main contractor’s subcontractors or further down the subcontracting chain.
(a) Where the national law of a Member State provides for a mechanism of joint liability between subcontractors and the main contractor, the Member State concerned shall ensure that the relevant rules are applied in compliance with the conditions set out in Article 36(2). (b) Contracting authorities may, in accordance with Article 80(3) of this Directive, verify or may be required by Member States to verify whether there are grounds for exclusion of subcontractors pursuant to Article 57 of Directive 2014/24/EU. In such cases, the contracting authority shall require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are compulsory grounds for exclusion. The contracting authority may require or may be required by a Member State to require that the economic operator replaces a subcontractor in respect of which the verification has shown that there are non-compulsory grounds for exclusion.
(a) where the modifications, irrespective of their monetary value, have been provided for in the initial procurement documents in clear, precise and unequivocal review clauses, which may include price revision clauses, or options. Such clauses shall state the scope and nature of possible modifications or options as well as the conditions under which they may be used. They shall not provide for modifications or options that would alter the overall nature of the contract or framework agreement; (b) for additional works, services or supplies by the original contractor, irrespective of their value, that have become necessary and were not included in the initial procurement where a change of contractor: (i) cannot be made for economic or technical reasons such as requirements of interchangeability or interoperability with existing equipment, software, services or installations procured under the initial procurement; and (ii) would cause significant inconvenience or substantial duplication of costs for the contracting entity;
(c) where all of the following conditions are fulfilled: (i) the need for modification has been brought about by circumstances which a diligent contracting entity could not foresee; (ii) the modification does not alter the overall nature of the contract;
(d) Where a new contractor replaces the one to which the contracting entity had initially awarded the contract as a consequence of either: (i) an unequivocal review clause or option in conformity with point (a), (ii) universal or partial succession into the position of the initial contractor, following corporate restructuring, including takeover, merger, acquisition or insolvency, of another economic operator that fulfils the criteria for qualitative selection initially established provided that this does not entail other substantial modifications to the contract and is not aimed at circumventing the application of this Directive; or (iii) in the event that the contracting entity itself assumes the main contractor’s obligations towards its subcontractors where this possibility is provided for under national legislation pursuant to Article 88;
(e) where the modifications, irrespective of their value, are not substantial within the meaning of paragraph 4.
(i) the thresholds set out in Article 15; and (ii) 10 % of the initial contract value for service and supply contracts and below 15 % of the initial contract value for works contracts.
(a) the modification introduces conditions which, had they been part of the initial procurement procedure, would have allowed for the admission of other candidates than those initially selected or for the acceptance of a tender other than that originally accepted or would have attracted additional participants in the procurement procedure; (b) the modification changes the economic balance of the contract or the framework agreement in favour of the contractor in a manner which was not provided for in the initial contract or framework agreement; (c) the modification extends the scope of the contract or framework agreement considerably; (d) where a new contractor replaces the one to which the contracting entity had initially awarded the contract in other cases than those provided for under point (d) of paragraph 1.
(a) the contract has been subject to a substantial modification which would have required a new procurement procedure pursuant to Article 89; (b) the contractor has, at the time of contract award, been in one of the situations referred to in Article 57(1) of Directive 2014/24/EU and should therefore have been excluded from the procurement procedure pursuant to the second subparagraph of Article 80(1) of this Directive; (c) the contract should not have been awarded to the contractor in view of a serious infringement of the obligations under the Treaties and this Directive that has been declared by the Court of Justice of the European Union in a procedure under Article 258 TFEU.
(a) by means of a contract notice; or (b) by means of a periodic indicative notice, which shall be published continuously. The periodic indicative notice shall refer specifically to the types of services that will be the subject of the contracts to be awarded. It shall indicate that the contracts will be awarded without further publication and invite interested economic operators to express their interest in writing; or (c) by means of a notice on the existence of a qualification system, which shall be published continuously.
(a) its objective is the pursuit of a public service mission linked to the delivery of the services referred to in paragraph 1; (b) profits are reinvested with a view to achieving the organisation’s objective. Where profits are distributed or redistributed, this should be based on participatory considerations; (c) the structures of management or ownership of the organisation performing the contract are based on employee ownership or participatory principles, or require the active participation of employees, users or stakeholders; and (d) the organisation has not been awarded a contract for the services concerned by the contracting authority concerned pursuant to this Article within the past three years.
(a) by reference to the territory or part of the territory of a Member State; (b) on the grounds that, under the law of the Member State in which the contest is organised, they would be required to be either natural or legal persons.
(a) information and guidance on the interpretation and application of the Union public procurement law is available free of charge to assist contracting authorities and economic operators, in particular SMEs, in correctly applying the Union public procurement rules; and (b) support is available to contracting authorities with regard to planning and carrying out procurement procedures.
(a) 1000000 EUR in the case of supply contracts or service contracts;(b) 10000000 EUR in the case of works contracts.
(a) the qualification and selection of economic operators and the award of contracts; (b) the use of negotiated procedures without a call for competition by virtue of Article 50; (c) the non-application of Chapters II to IV of Title II by virtue of the derogations provided for in Chapters II and III of Title I; (d) where necessary, the reasons why other means of communication than electronic means for the electronic submission have been used.
(a) electronic means in accordance with Article 40; (b) post or other suitable carrier; (c) fax; (d) a combination of those means.
| NACE | CPV code | ||||
|---|---|---|---|---|---|
| SECTION F | CONSTRUCTION | ||||
| Division | Group | Class | Subject | Notes | |
| 45 | Construction | 45000000 | |||
| 45.1 | Site preparation | 45100000 | |||
| 45.11 | Demolition and wrecking of buildings; earth moving |
| 45110000 | ||
| 45.12 | Test drilling and boring |
| 45120000 | ||
| 45.2 | Building of complete constructions or parts thereof; civil engineering | 45200000 | |||
| 45.21 | General construction of buildings and civil engineering works |
| |||
| 45.22 | Erection of roof covering and frames |
| 45261000 | ||
| 45.23 | Construction of highways, roads, airfields and sport facilities |
| |||
| 45.24 | Construction of water projects |
| 45240000 | ||
| 45.25 | Other construction work involving special trades |
| |||
| 45.3 | Building installation | 45300000 | |||
| 45.31 | Installation of electrical wiring and fittings |
| |||
| 45.32 | Insulation work activities |
| 45320000 | ||
| 45.33 | Plumbing |
| 45330000 | ||
| 45.34 | Other building installation |
| |||
| 45.4 | Building completion | 45400000 | |||
| 45.41 | Plastering |
| 45410000 | ||
| 45.42 | Joinery installation |
| 45420000 | ||
| 45.43 | Floor and wall covering |
| 45430000 | ||
| 45.44 | Painting and glazing |
| 45440000 | ||
| 45.45 | Other building completion |
| |||
| 45.5 | Renting of construction or demolition equipment with operator | 45500000 | |||
| 45.50 | Renting of construction or demolition equipment with operator |
| 45500000 | ||
(a) granting authorisation to operate natural gas installations in accordance with the procedures laid down in Article 4 of Directive 2009/73/EC; (b) authorisation or an invitation to tender for the construction of new electricity production installations in accordance with Directive 2009/72/EC; (c) the granting in accordance with the procedures laid down in Article 9 of Directive 97/67/EC of authorisations in relation to a postal service which is not or shall not be reserved; (d) a procedure for granting an authorisation to carry on an activity involving the exploitation of hydrocarbons in accordance with Directive 94/22/EC; (e) public service contracts within the meaning of Regulation (EC) No 1370/2007 for the provision of public passenger transport services by bus, tramway, rail or metro which have been awarded on the basis of a competitive tendering procedure in accordance with Article 5(3) thereof, provided that its length is in conformity with Article 4(3) or (4) of that Regulation.
Rail freight transport Directive 2012/34/EU International rail passenger transport Directive 2012/34/EU National rail passenger transport [No entry]
(a) 90 working days where free access to a given market is presumed on the basis of the first subparagraph of Article 34(3); (b) 130 working days in cases other than those referred to in point (a).
(a) the exact time and date of the receipt of tenders, requests to participate, applications for qualification as well as the submission of plans and projects can be determined precisely; (b) it may be reasonably ensured that, before the time limits laid down, no-one can have access to data transmitted under those requirements; (c) only authorised persons may set or change the dates for opening data received; (d) during the various stages of the qualification procedure, the procurement procedure or contest, access to all data submitted, or to part thereof, must be possible only for authorised persons; (e) only authorised persons must give access to data transmitted and only after the prescribed date; (f) data received and opened in accordance with those requirements must remain accessible only to persons authorised to acquaint themselves therewith, (g) where the access prohibitions or conditions referred to under points (b) to (f) are infringed or there is an attempt to do so, it may be reasonably ensured that the infringements or attempts are clearly detectable.
(a) For supply contracts: nature and quantity or value of the services or products to be supplied (CPV codes). (b) For works contracts: nature and extent of the services to be provided, the general characteristics of the work or of the lots by reference to the work (CPV codes). (c) For service contracts: intended total procurement in each of the service categories envisaged (CPV codes).
(a) Estimated date for initiating the procurement procedures in respect of the contract or contracts (if known); (b) Type of procurement procedure (restricted procedures, whether or not involving a dynamic purchasing system, or negotiated procedures).
(a) electronic submission of tenders or requests to participate will be required/accepted, (b) electronic ordering will be used, (c) electronic invoicing will be used, (d) electronic payment will be accepted.
(a) the features whose values will be the subject of electronic auction, provided that such features are quantifiable and can be expressed in figures or percentages; (b) any limits on the values which may be submitted, as they result from the specifications relating to the subject of the contract; (c) the information which will be made available to tenderers in the course of the electronic auction and, where appropriate, when it will be made available to them; (d) the relevant information concerning the electronic auction process; (e) the conditions under which the tenderers will be able to bid and, in particular, the minimum differences which will, where appropriate, be required when bidding; (f) the relevant information concerning the electronic equipment used and the arrangements and technical specifications for connection.
(1) "technical specification" means one of the following: (a) in the case of service or supply contracts a specification in a document defining the required characteristics of a product or a service, such as quality levels, environmental and climate performance levels, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, use of the product, safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production processes and methods at any stage of the life cycle of the supply or service and conformity assessment procedures; (b) in the case of works contracts, the totality of the technical prescriptions contained in particular in the procurement documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting entity; those characteristics include levels of environmental and climate performance, design for all requirements (including accessibility for disabled persons) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, and production processes and methods at any stage of the life cycle of the works; those characteristics also include rules relating to design and costing, the test, inspection and acceptance conditions for works and methods or techniques of construction and all other technical conditions which the contracting entity is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
(2) "standard" means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following: (a) "international standard" means a standard adopted by an international standardisation organisation and made available to the general public, (b) "European standard" means a standard adopted by a European standardisation organisation and made available to the general public, (c) "national standard" means a standard adopted by a national standardisation organisation and made available to the general public;
(3) "European Technical Assessment" means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the respective European Assessment Document, as defined in point 12 of Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council 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 (OJ L 88, 4.4.2011, p. 5 ).(4) "common technical specification" means a technical specification in the field of ICT laid down in accordance with Articles 13 and 14 of Regulation (EU) No 1025/2012; (5) "technical reference" means any deliverable produced by European standardisation bodies, other than European standards, according to procedures adapted to the development of market needs.
(a) Notices referred to in Articles 67, 68, 69, 70, 92 and 96 shall be published by the Publications Office of the European Union or by the contracting entities in the event of a periodic indicative notice published on a buyer profile in accordance with Article 67(1). In addition, contracting entities may publish this information on the internet on a "buyer profile" as referred to in point 2(b) below; (b) The Publications Office of the European Union will give the contracting entity the confirmation referred to in the second subparagraph of Article 71(5).
(a) electronic submission of tenders or requests to participate will be required/accepted, (b) electronic ordering will be used, (c) electronic invoicing will be used, (d) electronic payment will be accepted.
(a) nature and quantity of the products to be supplied (CPV codes), including any options for further procurement and, if possible, the estimated time available for exercising those options as well as the number of renewals, if any. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the products to be procured or the nature and extent of the services to be provided and general nature of the work (CPV codes); (b) indication of whether the suppliers may tender for some and/or all the products required. If, for works contracts, the work or the contract is subdivided into several lots, the order of size of the different lots and the possibility of tendering for one, for several or for all the lots; (c) for works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing-up of projects.
(a) The nature and quantity of the products to be supplied, including any options for further procurement and, if possible, the estimated time available for exercising those options as well as the number of renewals, if any. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured; (b) Indication of whether the performance of the service is reserved by law, regulation or administrative provision to a particular profession; (c) Reference of the law, regulation or administrative provision; (d) Indication of whether legal persons shall indicate the names and professional qualifications of the staff to be responsible for the performance of the service; (e) Indication of whether service providers may tender for a part of the services concerned.
(a) Final date for receipt of tenders or indicative tenders where a dynamic purchasing system is introduced; (b) Address to which they shall be sent; (c) Language or languages in which they shall be drawn up.
(a) Where applicable, the persons authorised to be present at the opening of tenders; (b) Date, time and place of such opening.
(a) The nature and quantity of the products to be supplied (CPV codes), including any options for further procurement and, if possible, the estimated time available for exercising those options as well as the number of renewals, if any. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the products to be procured or the nature and extent of the services to be provided and general nature of the work (CPV codes); (b) Indication of whether the suppliers may tender for some and/or all the products required. If, for works contracts, the work or the contract is subdivided into several lots, the order of size of the different lots and the possibility of tendering for one, for several or for all the lots; (c) Information concerning the purpose of the work or the contract where the latter also involves the drawing-up of projects.
(a) The nature and quantity of the products to be supplied, including any options for further procurement and, if possible, the estimated time available for exercising those options as well as the number of renewals, if any. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured; (b) Indication of whether the performance of the service is reserved by law, regulation or administrative provision to a particular profession; (c) Reference to the law, regulation or administrative provision; (d) Indication of whether legal persons shall indicate the names and professional qualifications of the staff to be responsible for the performance of the service; (e) Indication of whether service providers may tender for a part of the services concerned.
(a) Final date for receipt of requests to participate; (b) Address to which they shall be sent; (c) Language or languages in which they shall be drawn up.
(a) The nature and quantity of the products to be supplied (CPV codes), including any options for further procurement and, if possible, the estimated time available for exercising those options as well as the number of renewals, if any. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the products to be procured or the nature and extent of the services to be provided and general nature of the work (CPV codes); (b) Indication of whether the suppliers may tender for some and/or all the products required. If, for works contracts, the work or the contract is subdivided into several lots, the order of size of the different lots and the possibility of tendering for one, for several or for all the lots; (c) For works contracts: information concerning the purpose of the work or the contract where the latter also involves the drawing-up of projects.
(a) The nature and quantity of the services to be supplied, including any options for further procurement and, if possible, the estimated time available for exercising those options as well as the number of renewals, if any. In the case of recurring contracts, also, if possible, an estimate of the timing of the subsequent calls for competition for the services to be procured; (b) Indication of whether the performance of the service is reserved by law, regulation or administrative provision to a particular profession; (c) Reference of the law, regulation or administrative provision; (d) Indication of whether legal persons shall indicate the names and professional qualifications of the staff to be responsible for the performance of the service; (e) Indication of whether service providers may tender for a part of the services concerned.
(a) Final date for receipt of requests to participate; (b) Address to which they shall be sent; (c) Language or languages in which they shall be drawn up.
(a) Form of the call for competition (notice on the existence of a system of qualification; periodic notice; call for tenders); (b) Date(s) and reference(s) of publication of the notice in the Official Journal of the European Union ;(c) In the case of contracts awarded without a prior call for competition, indication of the relevant provision of Article 50.
(a) number of tenders received from economic operators which are SMEs, (b) number of tenders received from abroad, (c) number of tenders received electronically.
(a) information whether the successful tenderer is an SME, (b) information whether the contract was awarded to a consortium.
value and share of the contract which has been or may be subcontracted to third parties, award criteria.
(a) the final date for receipt of tenders, the address to which they are to be sent, and the language or languages in which they are to be drawn up; However, in the case of contracts awarded through a competitive dialogue or an innovation partnership, this information shall not appear in the invitation to negotiate but it shall appear in the invitation to submit a tender. (b) in the case of competitive dialogue the date and the address set for the start of consultation and the language or languages used; (c) a reference to any published call for competition; (d) an indication of any documents to be attached; (e) the criteria for the award of the contract, where they are not indicated in the notice on the existence of a qualification system used as a means of calling for competition; (f) the relative weighting of the contract award criteria or, where appropriate, the order of importance of such criteria, if this information is not given in the contract notice, the notice on the existence of a qualification system or the specifications.
(a) nature and quantity, including all options concerning complementary contracts and, if possible, the estimated time available for exercising those options for renewable contracts, the nature and quantity and, if possible, the estimated publication dates of future notices of competition for works, supplies or services to be put out to tender; (b) type of procedure: restricted or negotiated; (c) where appropriate, the date on which the delivery of supplies or the execution of works or services is to commence or terminate; (d) where electronic access cannot be offered, the address and closing date for the submission of requests for procurement documents and the language or languages in which they are to be drawn up; (e) the address of the contracting entity; (f) economic and technical conditions, financial guarantees and information required from economic operators; (g) the form of the contract which is the subject of the invitation to tender: purchase, lease, hire or hire-purchase, or any combination of those; and (h) the contract award criteria and their weighting or, where appropriate, the order of importance of such criteria, if this information is not given in the indicative notice or the specifications or in the invitation to tender or to negotiate.
ILO Convention 87 on Freedom of Association and the Protection of the Right to Organise; ILO Convention 98 on the Right to Organise and Collective Bargaining; ILO Convention 29 on Forced Labour; ILO Convention 105 on the Abolition of Forced Labour; ILO Convention 138 on Minimum Age; ILO Convention 111 on Discrimination (Employment and Occupation); ILO Convention 100 on Equal Remuneration; ILO Convention 182 on Worst Forms of Child Labour; Vienna Convention for the protection of the Ozone Layer and its Montreal Protocol on substances that deplete the Ozone Layer; Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention); Stockholm Convention on Persistent Organic Pollutants (Stockholm POPs Convention); Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (UNEP/FAO) (The PIC Convention) Rotterdam, 10/09/1998 and its 3 regional Protocols.
| CPV Code | Description |
|---|---|
| 75200000-8; 75231200-6; 75231240-8; 79611000-0; 79622000-0 [Supply services of domestic help personnel]; 79624000-4 [Supply services of nursing personnel] and 79625000-1 [Supply services of medical personnel] from 85000000-9 to 85323000-9; 98133100-5, 98133000-4; 98200000-5 and; 98500000-8 [Private households with employed persons] and 98513000-2 to 98514000-9 [Manpower services for households, Agency staff services for households, Clerical staff services for households, Temporary staff for households, Home-help services and Domestic services] | Health and social and related services |
| 85321000-5 and 85322000-2, 75000000-6 [Administration, defence and social security services], 75121000-0, 75122000-7, 75124000-1; from 79995000-5 to 79995200-7; from 80000000-4 Education and training services to 80660000-8; from 92000000-1 to 92700000-8 79950000-8 [Exhibition, fair and congress organisation services], 79951000-5 [Seminar organisation services], 79952000-2 [Event services], 79952100-3 [Cultural event organisation services], 79953000-9 [Festival organisation services], 79954000-6 [Party organisation services], 79955000-3 [Fashion shows organisation services], 79956000-0 [Fair and exhibition organisation services] | Administrative social, educational, healthcare and cultural services |
| 75300000-9 | Compulsory social security services |
| 75310000-2, 75311000-9, 75312000-6, 75313000-3, 75313100-4, 75314000-0, 75320000-5, 75330000-8, 75340000-1 | Benefit services |
| 98000000-3, 98120000-0; 98132000-7; 98133110-8 and 98130000-3 | Other community, social and personal services including services furnished by trade unions, political organisations, youth associations and other membership organisation services |
| 98131000-0 | Religious services |
| 55100000-1 to 55410000-7; 55521000-8 to 55521200-0 [55521000-8 Catering services for private households, 55521100-9 Meals-on-wheels services, 55521200-0 Meal delivery service] 55510000-8 [Canteen services], 55511000-5 [Canteen and other restricted-clientele cafeteria services], 55512000-2 [Canteen management services], 55523100-3 [School-meal services], 55520000-1[Catering services], 55522000-5 [Catering services for transport enterprises], 55523000-2 [Catering services for other enterprises or other institutions], 55524000-9 [School catering services] | Hotel and restaurant services |
| 79100000-5 to 79140000-7; 75231100-5; | Legal services, to the extent not excluded pursuant to Article 21(c) |
| 75100000-7 to 75120000-3; 75123000-4; 75125000-8 to75131000-3 | Other administrative services and government services |
| 75200000-8 to 75231000-4 | Provision of services to the community |
| 75231210-9 to75231230-5; 75240000-0 to75252000-7; 794300000-7; 98113100-9 | Prison related services, public security and rescue services, to the extent not excluded pursuant to Article 21(h) |
| 79700000-1 to 79721000-4 [Investigation and security services, Security services, Alarm-monitoring services, Guard services, Surveillance services, Tracing system services, Absconder-tracing services, Patrol services, Identification badge release services, Investigation services and Detective agency services] 79722000-1[Graphology services], 79723000-8 [Waste analysis services] | Investigation and security services |
| 98900000-2 [Services provided by extra-territorial organisations and bodies] and 98910000-5 [Services specific to international organisations and bodies] | International services |
| 64000000-6 [Postal and telecommunications services], 64100000-7 [Post and courier services], 64110000-0 [Postal services], 64111000-7 [Postal services related to newspapers and periodicals], 64112000-4 [Postal services related to letters], 64113000-1 [Postal services related to parcels], 64114000-8 [Post office counter services], 64115000-5 [Mailbox rental], 64116000-2 [Post-restante services], 64122000-7 [Internal office mail and messenger services] | Postal services |
| 50116510-9 [Tyre-remoulding services], 71550000-8 [Blacksmith services] | Miscellaneous services |
1. Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, e-mail and internet address of the contracting entity and, where different, of the service from which additional information may be obtained. 2. Main activity exercised. 3. Description of the services or categories thereof and where applicable, incidental works and supplies to be procured, including an indication of the quantities or values involved, CPV codes. 4. NUTS code for the main place of performance of the services. 5. Where appropriate, state whether the contract is reserved for sheltered workshops or whether its performance is reserved in the context of sheltered employment programmes. 6. Main conditions to be fulfilled by the economic operators in view of their participation, or, where appropriate, the electronic address where detailed information may be obtained. 7. Time limit(s) for contacting the contracting entity in view of participation. 8. Any other relevant information.
1. Name, identification number (where provided for in national legislation), address including NUTS code, e-mail and internet address of the contracting entity. 2. Brief description of the contract in question including CPV codes. 3. As far as already known: (a) NUTS code for the main location of works in case of works or NUTS code for the main place of delivery or performance in case of supplies and services, (b) time-frame for delivery or provision of supplies, works or services and duration of the contract, (c) conditions for participation, including: where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes, where appropriate, indication whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession, (d) brief description of the main features of the award procedure to be applied.
4. A reference to the fact that interested economic operators shall advise the contracting entity of their interest in the contract or contracts and time limits for receipt of expressions of interest and address to which expressions of interest shall be transmitted.
1. Name, identification number (where provided for in national legislation), address including NUTS code, e-mail and internet address of the contracting entity. 2. Brief description of the contract in question including CPV codes. 3. As far as already known: (a) NUTS code for the main location of works in case of works or NUTS code for the main place of delivery or performance in case of supplies and services, (b) time-frame for delivery or provision of supplies, works or services and duration of the contract, (c) conditions for participation, including: where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes, where appropriate, indication whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession, (d) brief description of the main features of the award procedure to be applied.
4. A reference to the fact that interested economic operators shall advise the contracting entity of their interest in the contract or contracts and time limits for receipt of expressions of interest and address to which expressions of interest shall be transmitted. 5. Period of validity of the qualification system and the formalities for its renewal.
1. Name, identification number (where provided for in national legislation), address including NUTS code, telephone, fax number, e-mail and internet address of the contracting entity and, where different, of the service from which additional information may be obtained. 2. Main activity exercised. 3. At least a summary indication of the nature and quantity of the services and where applicable, incidental works and supplies provided. 4. Reference of publication of the notice in the Official Journal of the European Union. 5. Number of tenders received. 6. Name and address of the chosen economic operator(s). 7. Any other relevant information.
(a) the number of participants envisaged, or range; (b) where applicable, names of participants already selected; (c) criteria for the selection of participants; (d) final date for receipt of requests to participate.
| This Directive | Directive 2004/17/EC |
|---|---|
| Article 1 | — |
| Article 2, 1st sentence | Article 1, par. 1 |
| Article 2, point 1 | Article 1, par. 2, point (a) |
| Article 2, point 2 | Article 1, par. 2, point (b), 1st sentence |
| Article 2, point 3 | Article 1, par. 2, point (b), 2nd sentence |
| Article 2, point 4 | Article 1, par. 2, point (c) |
| Article 2, point 5 | Article 1, par. 2, point (d), 1st subpar. |
| Article 2, point 6 | Article 1, par. 7, 1st & 2nd subpar. |
| Article 2, point 7 | Article 1, par. 7, 3rd subpar. |
| Article 2, point 8 | Article 1, par. 7, 3rd subpar. |
| Article 2, point 9 | Article 34, par. 1 |
| Article 2, point 10 | Article 1, par. 8 |
| Article 2, point 11 | — |
| Article 2, point 12 | Article 1, par. 8 |
| Article 2, point 13 | — |
| Article 2, point 14 | Article 1, par. 11 |
| Article 2, point 15 | Article 1, par. 12 |
| Article 2, point 16 | — |
| Article 2, point 17 | Article 1, par. 10 |
| Article 2, point 18 | — |
| Article 2, point 19 | — |
| Article 2, point 20 | — |
| Article 3, par. 1 | Article 2, par. 1, point (a), 1st subpar. |
| Article 3, par. 2 | — |
| Article 3, par. 3 | — |
| Article 3, par. 4 | Article 2, par. 1, point (a), 2nd subpar. |
| Article 4, par. 1 | Article 2, par. 2 |
| Article 4, par. 2 | Article 2, par. 1, point (b) |
| Article 4, par. 3, 1st subparagraph | Article 2, par. 3; |
| Article 4, par. 3, 2nd & 3rd subparagraph | — |
| Article 4, par. 4 | — |
| Article 5, par. 1 | — |
| Article 5, par. 2, 1st subparagraph | — |
| Article 5, par. 2, 2nd subparagraph | Article 1, par. 2, point (d), 2nd & 3rd subpar. |
| Article 5, par. 3 | — |
| Article 5, par. 4, 1st and 2nd subpar. | — |
| Article 5, par. 4, 3rd subparagraph | — |
| Article 5, par. 5 | — |
| Article 6, par. 1, 1st and 2nd subpar. | — |
| Article 6, par. 1, 3rd subpar. | Article 9, par. 1, 2nd subpar |
| Article 6, par. 2 | Article 9, par. 1, 1st subpar |
| Article 6, par. 3, point a | Article 9, par. 2 |
| Article 6, par. 3, pont b | — |
| Article 6, par. 3, point c | Article 9, par. 3 |
| Article 7 | Article 3, par. 1 and par. 3, Article 4, par. 1; Article 7, point a |
| Article 8 | Article 3, par. 1 & 2 |
| Article 9, par. 1 | Article 3, par. 3 |
| Article 9, par. 2 | Article 3, par. 4 |
| Article 10 | Article 4 |
| Article 11 | Article 5, par. 1 |
| — | Article 5, par. 2 |
| Article 12 | Article 7, point (b) |
| Article 13, par. 1 | Article 6, par. 1 and par. 2(c) in fine |
| Article 13, par. 2, point (a) | Article 6, par. 2, point (a) |
| Article 13, par. 2, point (b) | Article 6, par. 2, point (b) |
| Article 13, par. 2, point (c), points i and ii | Article 6, par. 2, point (c), 1st and 3rd indent |
| — | Article 6, par. 2, point (c), 2nd, 4th, 5th and 6th indent |
| Article 14, point (a) | Article 7, point (a) |
| Article 14, point (b) | Article 7, point (a) |
| — | Article 8 |
| — | Annex I — X |
| Article 15 | Article 16 & 61 |
| Article 16, par. 1 | Article 17, par. 1; Article 17, par. 8 |
| Article 16, par. 2 | — |
| Article 16, par. 3 | Article 17, par. 2; Article 17, par. 8 |
| Article 16, par. 4 | — |
| Article 16, par. 5 | Article 17, par. 3 |
| Article 16, par. 6 | — |
| Article 16, par. 7 | Article 17, par. 4 & 5 |
| Article 16, par. 8 | Article 17, par. 6(a), 1st & 2nd subpar. |
| Article 16, par. 9 | Article 17, par. 6(b), 1st & 2nd subpar. |
| Article 16, par. 10 | Article 17, par. 6(a), 3rd subpar. & par. 6(b), 3rd subpar. |
| Article 16, par. 11 | Article 17, par. 7 |
| Article 16, par. 12 | Article 17, par. 9 |
| Article 16, par. 13 | Article 17, par. 10 |
| Article 16, par. 14 | Article 17, par. 11 |
| Article 17 | Article 69 |
| Article 18, par. 1 | Article 19, par. 1 |
| Article 18, par. 2 | Article 19, par. 2 |
| Article 19, par. 1 | Article 20, par. 1; Article 62, point 1 |
| Article 19, par. 2 | Article 20, par. 2 |
| Article 20 | Article 22; Article 62, point 1 |
| Article 21, point (a) | Article 24, point (a) |
| Article 21, point (b) | Article 24, point (b) |
| Article 21, point (c) | — |
| Article 21, point (d) | Article 24, point (c) |
| Article 21, point (e) | — |
| Article 21, point (f) | Article 24, point (d) |
| Article 21, point (g) | — |
| Article 21, point (h) | — |
| Article 21, point (i) | — |
| Article 22 | Article 25 |
| Article 23 | Article 26 |
| Article 24, par. 1 | Article 22a |
| Article 24, par. 2 | Article 21; Article 62, point 1 |
| Article 24, par. 3 | Article 21; Article 62, point 1 |
| Article 25 | — |
| Article 26 | — |
| Article 27, par. 1 | Article 22a in fine, Article 12 of Directive 2009/81/EC |
| Article 27, par. 2 | — |
| Article 28 | — |
| Article 29, par. 1 | Article 23, par. 1 |
| Article 29, par. 2 | Article 23, par. 1 |
| Article 29, par. 3 | Article 23, par. 2 |
| Article 29, par. 4 | Article 23, par. 3, points (a) to (c) |
| Article 29, par. 5 | Article 23, par. 3, 2nd subpar. |
| Article 29, par. 6 | Article 23, par. 3, 3rd subpar. |
| Article 30 | Article 23, par. 4 |
| Article 31 | Article 23, par. 5 |
| Article 32 | Article 24, point (e) |
| Article 33, par. 1 and 2 | Article 27 |
| Article 33, par. 3 | — |
| Article 34, par. 1, 1st and 2nd sentences | Article 30, par. 1; Article 62, point (2) |
| Article 34, par. 1, 3rd sentence | — |
| Article 34, par. 1, 4th sentence | Article 30, par. 2, Recital 41 |
| Article 34, par. 2, 1st subparagraph | Article 30, par. 2 |
| Article 34, par. 2, 2nd subparagraph | — |
| Article 34, par. 3 | Article 30, par. 3 |
| Article 35, par. 1 | Article 30, par. 4, 1st subpar.; par. 5, 1st & 2nd subpar. |
| Article 35, par. 2 | Article 30, par. 5, 1st & 2nd subpar. |
| Article 35, par. 3 | Article 30, par. 4, 2nd subpar.; par. 5, 4th subpar.; Article 62, point (2) |
| — | Article 30, par. 4, 3rd subpar. |
| Article 35, par. 4 | — |
| Article 35, par. 5 | Article 30, par. 6, 2nd subpar. |
| Article 35, par. 6 | Article 30, par. 6, 3rd & 4th subpar. |
| Article 36, par. 1 | Article 10 |
| Article 36, par. 2 | — |
| Article 37 | Article 11 |
| Article 38, par. 1 | Article 28, 1st subpar. |
| Article 38, par. 2 | Article 28, 2nd subpar. |
| Article 39 | Article 13 |
| Article 40, par. 1 | Article 48, par. 1, 2 and 4; Article 64, par. 1 |
| Article 40, par. 2 | — |
| Article 40, par. 3 | Article 48, par. 3; Article 64, par. 2 |
| Article 40, par. 4 | — |
| Art, 40, par. 5 | — |
| Article 40, par. 6 | Article 48, par. 5 and 6; Article 64, par. 3 |
| Article 40, par. 7, 1st subpar. | Article 70, par. 2, point f & 2nd subpar |
| Article 40, par. 7, 2nd & 3rd subpar. | |
| Article 41, par. 1 | Article 1, par. 13 |
| Article 41, par 2 | Article 70, par. 2, points (c) & (d); Article 70, par. 2, 2nd subpar. |
| Article 42 | — |
| Article 43 | Article 12 |
| Article 44, par. 1 | Article 40, par. 1 & 2 |
| Article 44, par. 2 | Article 40, par. 2 |
| Article 44, par. 3 | — |
| Article 44, par. 4 | Article 42, par 1 & par. 3, point b |
| Article 44, par. 5 | Beginning of Article 40(3) |
| Article 45, par. 1, 1st subpar. | Article 1, par. 9, point (a) |
| Article 45, par. 1, 2nd & 3rd subpar. | Article 45, par. 2 |
| Article 45, par. 2 | Article 45, par. 4 |
| Article 45, par. 3 | — |
| Article 45, par. 4 | — |
| Article 46 | Article 1, par. 9, point (b); Article 45, par. 3 |
| Article 47 | Article 1, par. 9, point (c); Article 45, par. 3 |
| Article 48 | — |
| Article 49 | — |
| Article 50, point (a) | Article 40, par. 3, point (a) |
| Article 50, point (b) | Article 40, par. 3, point (b) |
| Article 50, point (c) | Article 40, par. 3, point (c) |
| Article 50, point (d) | Article 40, par. 3, point (d) |
| Article 50, point (e) | Article 40, par. 3, point (e) |
| Article 50, point (f) | Article 40, par. 3, point (g) |
| Article 50, point (g) | Article 40, par. 3, point (h) |
| Article 50, point (h) | Article 40, par. 3, point (j) |
| Article 50, point (i) | Article 40, par. 3, point (k) |
| Article 50, point (j) | Article 40, par. 3, point (l) |
| Article 51, par. 1, 1st & 2nd subparagraph | Article 14, par. 1; Article 1, par. 4 |
| Article 51, par. 1, 3rd subparagraph | — |
| Article 51, par. 2, 1st and 2nd subpar. | — |
| Article 51, par. 2, 3rd subpar. | Article 14, par. 4 |
| Article 52, par. 1 | Article 1, par. 5; Article 15, par. 1 |
| Article 52, par. 2 | Article 15, par. 2 |
| Article 52, par. 3 | Article 15, par. 2, last sentence |
| Article 52, par. 4 | Article 15, par. 3 |
| Article 52, par. 5 | Article 15, par. 4 |
| Article 52, par. 6 | Article 15, par. 6 |
| Article 52, par. 7 | — |
| Article 52, par. 8 | — |
| Article 52, par. 9 | Article 15, par. 7, 3rd subpar. |
| Article 53, par. 1, 1st subpar. | Article 1, par. 6; Article 56, par. 1 |
| Article 53, par. 1, 2nd & 3rd subpar. | Article 1, par. 6 |
| Article 53, par. 2 | Article 56, par. 2 |
| Article 53, par. 3 | Article 56, par. 2, 3rd subpar. |
| Article 53, par. 4 | Article 56, par. 3 |
| Article 53, par. 5 | Article 56, par. 4 |
| Article 53, par. 6 | Article 56, par. 5 |
| Article 53, par. 7 | Article 56, par. 6 |
| Article 53, par. 8 | Article 56, par. 7 |
| Article 53, par. 9 | Article 56, par. 8 |
| Article 54 | — |
| Article 55, par. 1 | Article 29, par. 1 |
| Article 55, par. 2 | Article 29, par. 2 |
| Article 55, par. 3 | — |
| Article 55, par. 4 | Article 29, par. 2 |
| Article 56 | — |
| Article 57 | — |
| Article 58 | Recital 15 |
| Article 59 | — |
| Article 60, par. 1 | Article 34, par. 1 |
| Article 60, par. 2 | Article 34, par. 2 |
| Article 60, par. 3 | Article 34, par. 3 |
| Article 60, par. 4 | Article 34, par. 8 |
| Article 60, par. 5 | Article 34, par. 4 |
| Article 60, par. 6 | Article 34, par. 5 |
| Article 61, par. 1 | Article 34, par. 6 |
| Article 61, par. 2 | Article 34, par. 6 |
| Article 62, par. 1 | Article 34, par. 4, 2nd subpar.; 5, 2nd & 3rd subpar.; 6, 2nd subpar.; par. 7 |
| Article 62, par. 2 | Article 34, par. 4, 1st subpar.; 5, 1st subpar., 6, 1st subpar. |
| Article 62, par. 3 | — |
| Article 63 | Article 35 |
| Article 64, par. 1 | Article 36, par. 1 |
| Article 64, par. 2 | Article 36, par. 2 |
| Article 65 | — |
| Article 66, par. 1 | Article 45, par. 1 |
| Article 66, par. 2 | Article 45, par. 9 |
| — | Article 45, par. 10 |
| Article 66, par. 3 | Article 45, par. 9 |
| Article 67, par. 1 | Article 41, par. 1 & 2 |
| Article 67, par. 2 | Article 42, par. 3; Article 44, par. 1 |
| Article 68 | Article 41, par. 3 |
| Article 69 | Article 42, par. 1, point (c); Article 44, par. 1 |
| Article 70, par. 1 | Article 43, par. 1, 1st subpar.; Article 44, par. 1 |
| Article 70, par. 2 | Article 43, par. 1, 2nd & 3rd subpar. |
| Article 70, par. 3 | Article 43, par 2 & 3 |
| Article 70, par. 4 | Article 43, par. 5 |
| Article 71, par. 1 | |
| Article 71, par. 2, 1st sentence | Article 44, par. 2, 3 |
| Article 71, par 2, 2nd & 3rd sentence | Article 44, par. 4, 2nd subpar. |
| Article 71, par 3 | Article 44, par. 4, 1st subpar. |
| Article 71, par. 4 | — |
| Article 71, par. 5, 1st subpar. | Article 44, par. 6 |
| Article 71, par. 5, 2nd subpar. | Article 44, par. 7 |
| Article 71, par. 6 | Article 44, par. 8 |
| Article 72, par. 1 | Article 44, par. 5, 1st subpar. |
| Article 72, par. 2 and 3 | Article 44, par. 5, 2nd & 3rd subpar. |
| Article 73, par. 1 | Article 45, par. 6 |
| Article 73, par. 2 | Article 46, par. 2 |
| Article 74, par. 1 | Article 47, par. 1, 1st sentence & par. 5, 1st subpar. |
| Article 74, par. 2 | |
| Article 75, par. 1 | Article 49, par. 1 |
| Article 75, par. 2 | Article 49, par. 2, 1st & 2nd subpar. |
| Article 75, par. 3 | Article 49, par. 2, 3rd subpar. |
| Article 75, par. 4, 5 and 6 | Article 49, par. 3, 4 & 5 |
| Article 76, par. 1 | Article 51, par. 1 |
| Article 76, par. 2 | Article 51, par. 2 |
| Article 76, par. 3 | Article 52, par. 1 |
| Article 76, par. 4 | — |
| Article 76, par. 5 | Article 51, par. 3 |
| Article 76, par. 6 | — |
| Article 76, par. 7 | — |
| Article 76, par. 8 | — |
| Article 77, par. 1 | Article 53, par. 1 |
| Article 77, par. 2 | Article 53, par. 2 |
| Article 77, par. 3 | Article 53, par. 6 |
| Article 77, par. 4 | Article 53, par. 7 |
| Article 77, par. 5 | Article 53, par. 9 |
| Article 77, par. 6 | — |
| Article 78, par. 1 | Article 54, par. 1 & 2 |
| Article 78, par. 2 | Article 54, par. 3 |
| Article 79, par. 1 | Article 53, par. 4 & 5 |
| Article 79, par. 2 | Article 54, par. 5 & 6 |
| Article 79, par. 3 | — |
| Article 80, par. 1 | Article 53, par. 3; Article 54, par. 4 |
| Article 80, par. 2 | — |
| Article 80, par. 3 | Article 53, par. 3; Article 54, par. 4 |
| Article 81, par. 1 | Article 52, par. 2 |
| Article 81, par. 2 | Article 52, par. 3 |
| Article 81, par. 3 | — |
| Article 82, par. 1 | Article 55, par. 1 |
| Article 82, par. 2 | Article 55, par. 1 |
| Article 82, par. 3 | — |
| Article 82, par. 4 | Recital 1; Recital 55, 3rd par. |
| Article 82, par. 5 | Article 55, par. 2 |
| Article 83 | — |
| Article 84, par. 1 | Article 57, par. 1, 1st subpar. |
| Article 84, par. 2, point (a) | Article 57, par. 1, 2nd subpar., point (a) |
| Article 84, par. 2, point (b) | Article 57, par. 1, 2nd subpar., point (b) |
| Article 84, par. 2, point (c) | Article 57, par. 1, 2nd subpar., point (c) |
| Article 84, par. 2, point (d) | Article 57, par. 1, 2nd subpar., point (d) |
| Article 84, par. 2, point (e) | — |
| Article 84, par. 2, point (f) | Article 57, par. 1, 2nd subpar., point (e) |
| Article 84, par. 3, 1st subparagraph | Article 57, par. 2 |
| Article 84, par. 3, 2nd subparagraph | — |
| Article 84, par. 4 | Article 57, par. 3 |
| Article 84, par. 5 | — |
| Article 85, par. 1, 2, 3, 4 and Article 86 | Article 58, par 1 - 4; Article 59 |
| Article 85, par. 5 | Article 58, par. 5 |
| Article 87 | Article 38 |
| Article 88, par. 1 | — |
| Article 88, par. 2 | Article 37, 1st sentence |
| Article 88, par. 3 | — |
| Article 88, par. 4 | Article 37, 2nd sentence |
| Article 88, par. 5 - 8 | — |
| Article 89 | — |
| Article 90 | — |
| Article 91 | — |
| Article 92 | — |
| Article 93 | — |
| Article 94 | — |
| Article 95 | Article 61 |
| Article 96, par. 1 | Article 63, par. 1, 1st subpar. |
| Article 96, par. 2, 1st subparagraph | Article 63, par. 1, 1st subpar; |
| Article 96, par. 2, 2nd and 3rd subparagraphs | Article 63, par. 1, 2nd subpar., 1st and 2nd sentence |
| Article 96, par. 3 | Article 63, par. 2 |
| Article 97, par. 1 | Article 65, par. 1 |
| Article 97, par. 2 | Article 60, par. 2 |
| Article 97, par. 3 & 4 | Article 65, par. 2 & 3 |
| Article 98 | Article 66 |
| Article 99, par. 1 | Article 72, 1st subpar. |
| Article 99, par. 2 - 6 | — |
| Article 100 | Article 50 |
| Article 101 | — |
| Article 102 | — |
| Article 103 | Article 68, par. 3 & 4 |
| Article 104 | Article 68, par. 5 |
| Article 105, par 1 & 2 | Article 68, par. 1 & 2 |
| Article 105, par. 3 | — |
| Article 106, par. 1 | Article 71, par. 1, 1st subpar. |
| Article 106, par. 2 | — |
| Article 106, par. 3 | Article 71, par. 1, 3rd subpar |
| Article 107 | Article 73 |
| Article 108 | — |
| Article 109 | Article 74 |
| Article 110 | Article 75 |
| — | Annex I to X |
| Annex I (except 1st sentence) | Annex XII (except footnote 1) |
| 1st sentence of Annex I | Footnote 1 to Annex XII |
| Annex II | — |
| Annex III, points A, B, C, E, F, G, H, I and J | Annex XI |
| Annex III, point D | — |
| Annex IV, point 1, 1st to 3rd subparagraph | Article 30, par. 6, 1st subpar. |
| Annex IV, point 1, 4th subparagraph | — |
| Annex IV, point 2 | Article 30, par. 6, 1st subpar., 2nd sentence |
| Annex V, (a) — (f) | Annex XXIV, (b) — (h) |
| Annex V, (g) | — |
| Annex VI | Annex XV |
| Annex VII | Article 56, par. 3, 2nd subpar., points (a) — (f) |
| Annex VIII, except for point 4 | Annex XXI, except for point 4 |
| Annex VIII, point 4 | Annex XXI, point 4 |
| Annex IX | Annex XX |
| Annex X | Annex XIV |
| Annex XI | Annex XIII |
| Annex XII | Annex XVI |
| Annex XIII, point 1 | Article 47, par. 4 |
| Annex XIII, point 2. | Article 47, par. 5 |
| Annex XIV | Annex XXIII |
| Annex XV | — |
| Annex XVI | Annex XVI |
| Annex XVII | Annex XVII |
| Annex XVIII | — |
| Annex XIX | Annex XVIII |
| Annex XX | Annex XIX |
| Annex XXI | Annex XXVI |
| — | Annex XXII |
| — | Annex XXV |