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Document L:2019:296:FULL
Official Journal of the European Union, L 296, 15 November 2019
Official Journal of the European Union, L 296, 15 November 2019
Official Journal of the European Union, L 296, 15 November 2019
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ISSN 1977-0677 |
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Official Journal of the European Union |
L 296 |
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English edition |
Legislation |
Volume 62 |
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Contents |
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REGULATIONS |
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Commission Regulation (EU) 2019/1910 of 7 November 2019 implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society for reference year 2020 ( 1 ) |
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DECISIONS |
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ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
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Corrigenda |
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(1) Text with EEA relevance. |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
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15.11.2019 |
EN |
Official Journal of the European Union |
L 296/1 |
COMMISSION REGULATION (EU) 2019/1910
of 7 November 2019
implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society for reference year 2020
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society (1), and in particular Article 8(2) thereof,
Whereas:
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(1) |
Regulation (EC) No 808/2004 establishes a common framework for the systematic production of European statistics on the information society. |
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(2) |
Implementing measures are needed to determine the data to be supplied in order to prepare the statistics in Module 1: ‘Enterprises and the information society’ and Module 2: ‘Individuals, households and the information society’, and to set the deadlines for their transmission. |
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(3) |
The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
The data to be transmitted in order to produce European statistics on the information society with respect to Module 1, ‘Enterprises and the information society’ and Module 2, ‘Individuals, households and the information society’, referred to in Articles 3(2) and 4 of Regulation (EC) No 808/2004, shall be as specified in Annexes I and II to this Regulation.
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 2019.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX I
MODULE 1
ENTERPRISES AND THE INFORMATION SOCIETY
A. SUBJECTS AND THEIR CHARACTERISTICS
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(1) |
the subjects to be covered for reference year 2020, drawn from the list in Annex I to Regulation (EC) No 808/2004, shall be as follows:
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(2) |
the following enterprise characteristics shall be collected:
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(3) |
The following background information shall be collected from all enterprises, or obtained from alternative sources:
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B. COVERAGE
The characteristics specified in points (2) and (3) of Section A shall be collected for the following categories of enterprises:
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(1) |
economic activity: enterprises classified by the following NACE Rev. 2 categories:
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(2) |
enterprise size: enterprises with 10 or more persons employed. Enterprises with less than 10 persons employed may be covered optionally; |
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(3) |
geographical scope: enterprises located in any part of the territory of the Member State. |
C. REFERENCE PERIODS
The reference period is 2019 for the characteristics referring to the previous calendar year. The reference period is 2020 for the other characteristics.
D. BREAKDOWN OF DATA
The following background characteristics shall be provided in respect of the subjects and their characteristics listed in point (2) of Section A:
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(1) |
economic activity breakdown: according to the following NACE Rev. 2 aggregates:
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(2) |
size class breakdown: data shall be broken down according to the following size classes by number of persons employed:
Where covered, a breakdown of the data shall be provided in accordance with the following table:
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E. PERIODICITY
The data stipulated in this Annex shall be provided once for 2020.
F. DEADLINES FOR TRANSMISSION OF RESULTS
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(1) |
The aggregate data referred to in Article 6 and Annex I (6) of Regulation (EC) No 808/2004, where necessary flagged for confidentiality or unreliability, shall be transmitted to Eurostat by 5 October 2020. By that date, the dataset shall be finalised, validated and accepted. |
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(2) |
The metadata referred to in Article 6 of Regulation (EC) No 808/2004 (1) shall be sent to Eurostat by 31 May 2020. |
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(3) |
The quality report referred to in Article 7(3) of Regulation (EC) No 808/2004 shall be sent to Eurostat by 5 November 2020. |
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(4) |
The data and metadata shall be supplied to Eurostat, using the Single Entry Point services, in accordance with the exchange standard specified by Eurostat. The metadata and the quality report shall be provided in the standard metadata structure defined by Eurostat. |
(1) Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society (OJ L 143, 30.4.2004, p. 49).
ANNEX II
MODULE 2
INDIVIDUALS, HOUSEHOLDS AND THE INFORMATION SOCIETY
A. SUBJECTS AND THEIR CHARACTERISTICS
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(1) |
the subjects to be covered for reference year 2020, drawn from the list in Annex II to Regulation (EC) No 808/2004, shall be as follows:
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(2) |
the following characteristics shall be collected:
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B. COVERAGE
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(1) |
The statistical units for the characteristics listed in point (2) of Section A that concern households are households with at least one member in the 16 to 74 age group. |
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(2) |
The statistical units for the characteristics listed in point (2) of Section A that concern individuals are individuals aged 16 to 74. |
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(3) |
The geographical scope comprises households or individuals, or both, living in any part of the territory of the Member State concerned. |
C. REFERENCE PERIOD
The main reference period for collecting statistics is the first quarter of 2020.
D. SOCIOECONOMIC BACKGROUND CHARACTERISTICS
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(1) |
For the subjects and their characteristics, listed in point (2) of Section A, which concern households, the following background characteristics are to be collected:
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(2) |
For the subjects and their characteristics, listed in point (2) of Section A, which relate to individuals, the following background characteristics are to be collected:
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E. PERIODICITY
The data stipulated in this Annex shall be provided once for 2020.
F. DEADLINES FOR TRANSMISSION OF RESULTS
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(1) |
The individual data records, not allowing direct identification of statistical units concerned referred to in Article 6 and Annex II (6) of Regulation (EC) No 808/2004 (1) shall be transmitted to Eurostat by 5 October 2020. By that date, the dataset shall be finalised, validated and accepted. |
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(2) |
The metadata referred to in Article 6 of Regulation (EC) No 808/2004 shall be sent to Eurostat by 31 May 2020. |
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(3) |
The quality report referred to in Article 7(3) of Regulation (EC) No 808/2004 shall be sent to Eurostat by 5 November 2020. |
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(4) |
The data and metadata shall be supplied to Eurostat, using the Single Entry Point services, in accordance with the exchange standard specified by Eurostat. The metadata and the quality report shall be provided in the standard metadata structure defined by Eurostat. |
(1) Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society (OJ L 143, 30.4.2004, p. 49).
DECISIONS
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15.11.2019 |
EN |
Official Journal of the European Union |
L 296/21 |
COUNCIL DECISION (EU) 2019/1911
of 8 November 2019
on the position to be taken on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for modifications to UN Regulations Nos 0, 16, 17, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150, as regards the proposal for modifications to Global Technical Regulation (GTR) No 2, as regards the proposal for amendments to Mutual Resolution MR.1, as regards the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5, and as regards the proposals for authorisations to develop an amendment to GTR No 6 and to develop a new GTR on the Determination of Electrified Vehicle Power
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
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(1) |
By Council Decision 97/836/EC (1), the Union acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of those prescriptions (‘Revised 1958 Agreement’). The Revised 1958 Agreement entered into force on 24 March 1998. |
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(2) |
By Council Decision 2000/125/EC (2), the Union acceded to the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’). The Parallel Agreement entered into force on 15 February 2000. |
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(3) |
Pursuant to Article 1 of the Revised 1958 Agreement and Article 6 of the Parallel Agreement, the UNECE World Forum for Harmonisation of Vehicle Regulations (‘WP.29’) may adopt, as applicable, the proposals for modifications to UN Regulations Nos 0, 16, 17, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150, the proposal for modifications to Global Technical Regulation (GTR) No 2, the proposal for amendments to Mutual Resolution MR.1, the proposals for amendments to Consolidated Resolutions R.E.3 and R.E.5 and the proposals for authorisations to develop an amendment to GTR No 6 and to develop a new GTR on the Determination of Electrified Vehicle Power. |
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(4) |
WP.29, during the 179th session of the World Forum to be held between 12 and 14 November 2019, is to adopt the above acts in relation to the administrative provisions and uniform technical prescriptions for the approval of harmonised technical United Nations regulations and global technical regulations for wheeled vehicles, equipment and parts, which can be fitted and/or be used on wheeled vehicles. |
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(5) |
It is appropriate to establish the position to be taken on the Union’s behalf in WP.29 as regards the adoption of proposals for UN Regulations, as the UN Regulations will be binding on the Union and capable of decisively influencing the content of Union law in the field of vehicle type-approval. |
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(6) |
Directive 2007/46/EC of the European Parliament and of the Council (3) replaced the approval systems of the Member States with a Union approval procedure and established a harmonised framework containing administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated regulations adopted under the Revised 1958 Agreement (‘UN Regulations’) in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation. Since the adoption of Directive 2007/46/EC, UN regulations have been increasingly incorporated into Union legislation. |
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(7) |
In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 0, 16, 21, 29, 43, 44, 48, 53, 55, 58, 67, 74, 80, 83, 85, 86, 98, 107, 112, 113, 115, 116, 123, 129, 135, 148, 149 and 150 need to be amended or supplemented. In addition, certain provisions in GTR No 2 need to be modified, and certain provisions in UN Regulation No 17 need to be corrected. Finally, the amendments to Mutual Resolution MR.1 and the amendments to Consolidated Resolutions R.E.3 and R.E.5 need to be adopted. |
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(8) |
WP.29 working document ECE/TRANS/WP.29/2019/93 concerns a proposal for the 01 series of amendments to UN Regulation No 35 (Foot controls). Given that the Union is not applying the uniform provisions of UN Regulation 35, it is not necessary to establish a position of the Union on proposal ECE/TRANS/WP.29/2019/93. |
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(9) |
WP.29 working document ECE/TRANS/WP.29/2019/114 concerns a proposal for Supplement 2 of the 03 series of amendments to UN Regulation No 79 (Steering equipment) as initially submitted by the Chair of the relevant dedicated subsidiary body of WP.29. At the last meeting of the dedicated subsidiary body, following concerns of certain Contracting Parties, the Chair agreed to submit a revised document to WP.29. As the document is currently not available on the WP.29 Secretariat’s portal, and may need further discussion among the experts, it would be appropriate to refer it back to the dedicated subsidiary body. |
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(10) |
The authorisation to develop amendment 4 to the GTR No 2 is incorrectly referenced on the WP.29 Secretariat’s portal, and ECE/TRANS/WP.29/AC.3./36 should be corrected to read ECE/TRANS/WP.29/AC.3./36/Rev.1. |
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(11) |
WP.29 working document ECE/TRANS/WP.29/2019/118 concerns a proposal for an amendment to Annex IV to the Consolidated Resolution of the Construction of Vehicles (R.E.3). That proposal has to be considered together with an informal document WP.29-179-06, which clarifies the reference to ISO standard to perform fuel quality measurements for certain parameters, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf in WP.29 during its 179th session to be held between 12 and 14 November 2019 shall be to vote in favour of the proposals listed in the Annex to this Decision.
Article 2
The position to be taken on the Union’s behalf in WP.29 during its 179th session to be held between 12 and 14 November 2019 shall be to vote against the proposal for Supplement 2 of the 03 series of amendments to UN Regulation No 79 (Steering equipment, working document ECE/TRANS/WP.29/2019/114).
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 8 November 2019.
For the Council
The President
M. LINTILÄ
(1) Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).
(2) Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion of the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’) (OJ L 35, 10.2.2000, p. 12).
(3) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).
ANNEX
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Regulation No |
Agenda item title |
Document reference (1) |
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0 |
Proposal for Supplement 1 to the original series of UN Regulation No 0 (IWVTA) |
ECE/TRANS/WP.29/2019/74 |
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0 |
Proposal for Supplement 1 to the 01 series of UN Regulation No 0 (IWVTA) |
ECE/TRANS/WP.29/2019/75 |
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0 |
Proposal for a new 02 series of amendments to UN Regulation No 0 (IWVTA) |
ECE/TRANS/WP.29/2019/76 |
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16 |
Proposal for Supplement 12 to the 06 series of amendments to UN Regulation No 16 (Safety-belts) |
ECE/TRANS/WP.29/2019/104 |
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16 |
Proposal for Supplement 5 to the 07 series of amendments to UN Regulation No 16 (Safety-belts) |
ECE/TRANS/WP.29/2019/105 |
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17 |
Proposal for Corrigendum 1 to the 08 series of amendments to UN Regulation No 17 (Strength of seats) |
ECE/TRANS/WP.29/2019/115 |
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17 |
Proposal for Corrigendum 1 to the 09 series of amendments to UN Regulation No 17 (Strength of seats) |
ECE/TRANS/WP.29/2019/116 |
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21 |
Proposal for Supplement 4 the 01 series of amendments to UN Regulation No 21 (Interior fittings) |
ECE/TRANS/WP.29/2019/106 |
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29 |
Proposal for Supplement 5 to the 03 series of amendments to UN Regulation No 29 (Cabs of commercial vehicles) |
ECE/TRANS/WP.29/2019/107 |
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43 |
Proposal for Supplement 9 to the 01 series of amendments to UN Regulation No 43 (Safety glazing) |
ECE/TRANS/WP.29/2019/95 |
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44 |
Proposal for Supplement 17 to the 04 series of amendments to UN Regulation No 44 (Child Restraint Systems) |
ECE/TRANS/WP.29/2019/108 |
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48 |
Proposal for Supplement 13 to the 06 series of amendments to UN Regulation No 48 (Installation of lighting and light-signalling devices) |
ECE/TRANS/WP.29/2019/84 |
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53 |
Proposal for a new 03 series of amendments to UN Regulation No 53 |
ECE/TRANS/WP.29/2019/80 |
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53 |
Proposal for Supplement 3 to the 02 series of amendments to UN Regulation No 53 (Installation of lighting and light-signalling devices for L3 vehicles) |
ECE/TRANS/WP.29/2019/85 |
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53 |
Proposal for Supplement 21 to the 01 series of amendments to UN Regulation No 53 (Installation of lighting and light-signalling devices for L3 vehicles) |
ECE/TRANS/WP.29/2019/86 |
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55 |
Proposal for Supplement 8 to the 01 series of amendments to UN Regulation No 55 (Mechanical couplings) |
ECE/TRANS/WP.29/2019/96 |
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58 |
Proposal for Supplement 1 to the 03 series of amendments to UN Regulation No 58 (Rear underrun protection) |
ECE/TRANS/WP.29/2019/97 |
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67 |
Proposal for the 03 series of amendments to UN Regulation No 67 (LPG vehicles) |
ECE/TRANS/WP.29/2019/94 |
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67 |
Proposal for Supplement 2 to the 02 series of amendments to UN Regulation No 67 (LPG vehicles) |
ECE/TRANS/WP.29/2019/98 |
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74 |
Proposal for a new 02 series of amendments to UN Regulation No 74 (Installation of lighting and light-signalling devices for mopeds) |
ECE/TRANS/WP.29/2019/79 |
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74 |
Proposal for Supplement 11 to the 01 series of amendments to UN Regulation No 74 (Installation of lighting and light-signalling devices for mopeds) |
ECE/TRANS/WP.29/2019/87 |
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80 |
Proposal for the 04 series of amendments to UN Regulation No 80 (Strength of seats and their anchorages (buses)) |
ECE/TRANS/WP.29/2019/103 |
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83 |
Proposal for Supplement 10 to the 07 series of amendments to UN Regulation No 83 (Emissions of M1 and N1 vehicles) |
ECE/TRANS/WP.29/2019/127 |
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85 |
Proposal for Supplement 10 to UN Regulation No 85 (Measurement of the net power and the 30 min. power) |
ECE/TRANS/WP.29/2019/112 |
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86 |
Proposal for Supplement 2 to the 01 series of amendments to Regulation No 86 (Installation of lighting and light-signalling devices for agricultural vehicles) |
ECE/TRANS/WP.29/2019/88 |
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98 |
Proposal for Supplement 1 to the 02 series of amendments to UN Regulation No 98 (Headlamps with gas-discharge light sources) |
ECE/TRANS/WP.29/2019/89 |
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107 |
Proposal for Supplement 8 to the 06 series of amendments to UN Regulation No 107 (M2 and M3 vehicles) |
ECE/TRANS/WP.29/2019/99 |
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107 |
Proposal for Supplement 7 to the 07 series of amendments to UN Regulation No 107 (M2 and M3 vehicles) |
ECE/TRANS/WP.29/2019/100 |
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107 |
Proposal for Supplement 2 to the 08 series of amendments to UN Regulation No 107 (M2 and M3 vehicles) |
ECE/TRANS/WP.29/2019/101 |
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112 |
Proposal for Supplement 1 to the 02 series of amendments to UN Regulation No 112 (Headlamps emitting an asymmetrical passing-beam) |
ECE/TRANS/WP.29/2019/90 |
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113 |
Proposal for Supplement 1 to the 03 series of amendments to UN Regulation No 113 (Headlamps emitting a symmetrical passing-beam) |
ECE/TRANS/WP.29/2019/91 |
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115 |
Proposal for Supplement 9 to UN Regulation No 115 (LPG and CNG retrofit systems) |
ECE/TRANS/WP.29/2019/113 |
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116 |
Proposal for Supplement 7 to UN Regulation No 116 (Anti-theft and alarm systems) |
ECE/TRANS/WP.29/2019/102 |
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123 |
Proposal for Supplement 1 to the 02 series of amendments to UN Regulation No 123 (Adaptive front lighting systems (AFS)) |
ECE/TRANS/WP.29/2019/92 |
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129 |
Proposal for Supplement 3 to the 03 series of amendments to UN Regulation No 129 (Enhanced Child Restraint Systems) |
ECE/TRANS/WP.29/2019/109 |
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135 |
Proposal for Supplement 2 to the original series of UN Regulation No 135 (Pole Side Impact (PSI)) |
ECE/TRANS/WP.29/2019/110 |
|
135 |
Proposal for Supplement 2 to the 01 series of amendments to UN Regulation No 135 (Pole Side Impact (PSI)) |
ECE/TRANS/WP.29/2019/111 |
|
148 |
Proposal for Supplement 1 to the original series of UN Regulation No [148] on Light-Signalling Devices (LSD) |
ECE/TRANS/WP.29/2019/81 |
|
149 |
Proposal for Supplement 1 to the original series of UN Regulation No [149] on Road Illumination Devices (RID) |
ECE/TRANS/WP.29/2019/82 |
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149 |
Proposal for Supplement 2 to the original series of UN Regulation No [149] on Road Illumination Devices (RID) |
ECE/TRANS/WP.29/2019/125 |
|
150 |
Proposal for Supplement 1 to the original series of UN Regulation No [150] on Retro-Reflective Devices (RRD) |
ECE/TRANS/WP.29/2019/83 |
|
GTR No |
Agenda item title |
Document reference |
|
2 |
Proposal for Amendment 4 to UN GTR No 2 (on the measurement procedure for two- wheeled motorcycles equipped with a positive or compression ignition engine with regard to the emissions of gaseous pollutants, CO2 emissions and fuel consumption) |
ECE/TRANS/WP.29/2019/121 |
|
Technical report on the development of Amendment 4 to UN GTR No 2 (on the measurement procedure for two- wheeled motorcycles equipped with a positive or compression ignition engine with regard to the emissions of gaseous pollutants, CO2 emissions and fuel consumption) |
ECE/TRANS/WP.29/2019/122 |
|
|
Authorization to develop amendment 4 to the global technical regulation |
ECE/TRANS/WP.29/AC.3/36/Rev.1 |
|
Resolution No |
Agenda item title |
Document reference |
|
R.E.3 |
Proposal for an amendment to the Consolidated Resolution on the Construction of Vehicles (R.E.3) |
ECE/TRANS/WP.29/2019/117 |
|
R.E.3 |
Proposal for an amendment to Annex IV of Consolidated Resolution on the Construction of Vehicles (R.E. 3) |
ECE/TRANS/WP.29/2019/118, WP.29-179-06 |
|
R.E.5 |
Proposal for amendment 4 to the Consolidated Resolution on the common specification of light source categories (R.E.5) |
ECE/TRANS/WP.29/2019/126 |
|
MR.1 |
Proposal for Amendment 2 to Mutual Resolution No 1 (MR.1) — Draft Addendum 3 |
ECE/TRANS/WP.29/2019/119 |
|
Miscellaneous |
Agenda item title |
Document reference |
|
|
Proposal for authorization to develop an amendment to UN GTR No 6 |
ECE/TRANS/WP.29/2019/123 |
|
|
Proposal for Revision 1 to the Authorization to develop a new UN GTR on the Determination of Electrified Vehicle Power (DEVP) |
ECE/TRANS/WP.29/2019/124 |
(1) All documents referred to in the table are available at: http://www.unece.org/trans/main/wp29/wp29wgs/wp29gen/gen2019.html.
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15.11.2019 |
EN |
Official Journal of the European Union |
L 296/28 |
COUNCIL DECISION (EU) 2019/1912
of 11 November 2019
on the position to be taken, on behalf of the European Union, within the enlarged Commission of Eurocontrol, regarding principles for establishing the cost-base for en route charges and for the calculation of the unit rate, and regarding conditions of application of the route charges system and conditions of payment
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
|
(1) |
The Multilateral Agreement relating to Route Charges (‘the Agreement’) entered into force in 1 January 1986. |
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(2) |
Pursuant to Article 3(2) of the Agreement, the enlarged Commission adopts principles governing the assessment of costs for the calculation of air navigation charges and the conditions of application and payment of such charges. |
|
(3) |
The enlarged Committee, during its 112th session on 26 and 27 June 2019, adopted decisions on the proposed modifications to the principles for establishing the cost-base for en route charges and for the calculation of the unit rates, and on an update to the conditions of application of the route charges system and conditions of payment (‘the decisions’). |
|
(4) |
It is appropriate to establish the position to be taken, on behalf of the Union, in the enlarged Commission of Eurocontrol, which will approve these modifications at its ad hoc session on 28 November 2019, as the subject matter of the decisions is largely covered by Union legislation, namely Commission Implementing Regulation (EU) 2019/317 (1). Those acts may therefore affect common rules or alter their scope and the Union has exclusive external competence by virtue of Article 3(2) of the Treaty. |
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(5) |
The purpose of the decisions is to ensure continued consistency with Union rules on transport, in particular Regulation (EC) No 549/2004 of the European Parliament and of the Council (2), and Implementing Regulation (EU) 2019/317. It is, therefore, appropriate to support the adoption of the decisions. |
|
(6) |
The position of the Union is to be expressed by the Member States of the Union that are members of the enlarged Commission of Eurocontrol, acting jointly, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf in the written procedure before or during the ad hoc session of the enlarged Commission of Eurocontrol to be held on 28 November 2019 shall be the following:
|
(a) |
to support the updated principles for establishing the cost-base for en route charges; |
|
(b) |
to support the updated conditions of application of the route charges system and conditions of payment. |
Article 2
The position referred to in Article 1 shall be expressed by the Member States of the Union that are members of the enlarged Commission of Eurocontrol, acting jointly.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 11 November 2019.
For the Council
The President
F. MOGHERINI
(1) Commission Implementing Regulation (EU) 2019/317 of 11 February 2019 laying down a performance and charging scheme in the single European sky and repealing Implementing Regulations (EU) No 390/2013 and (EU) No 391/2013 (OJ L 56, 25.2.2019, p. 1).
(2) Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, 31.3.2004, p. 1).
ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS
|
15.11.2019 |
EN |
Official Journal of the European Union |
L 296/30 |
DECISION NO 1/2019 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
of 18 October 2019
updating Annex III-A to the Association Agreement [2019/1913]
THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 47 thereof,
Whereas:
|
(1) |
In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016. |
|
(2) |
Article 47 of the Agreement provides that Georgia is to gradually achieve approximation with the relevant Union acquis in accordance with the provisions of Annex III-A and Annex III-B to the Agreement and that Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration. |
|
(3) |
Several Union acts listed in Annex III-A to the Agreement have been recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia. |
|
(4) |
It is necessary to update Annex III-A to the Agreement in order to reflect the evolution of the Union acquis listed in that Annex. |
|
(5) |
In the interest of clarity, Annex III-A to the Agreement should be updated in its entirety and replaced. |
|
(6) |
It is appropriate to provide for a period for Georgia to implement the new Union acts in its domestic legislation. Accordingly, new deadlines for approximation of Georgia to the Union acts listed in Annex III-A should be indicated therein, |
HAS ADOPTED THIS DECISION:
Article 1
Annex III-A to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 18 October 2019.
For the Association Committee in Trade configuration
G. ARVELADZE
The Chair
M. GABUNIA,
R. MENGEL-JØRGENSEN
Secretaries
ANNEX
‘ANNEX III-A
LIST OF SECTORAL LEGISLATION FOR APPROXIMATION
The following list reflects Georgia’s priorities with regard to the approximation of the Union’s New Approach and Global Approach Directives as included in the Government of Georgia’s Strategy in Standardisation, Accreditation, Conformity Assessment, Technical Regulation and Metrology and Programme on Legislative Reform and Adoption of Technical Regulations, of March 2010.
|
1. |
Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway installations and repealing Directive 2000/9/EC (1) Timetable: within five years of the entry into force of this Agreement |
|
2. |
Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast) (2) Timetable: within five years of the entry into force of this Agreement |
|
3. |
Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (recast) (3) Timetable: within five years of the entry into force of this Agreement |
|
4. |
Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (4) Timetable: during 2013 |
|
5. |
Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast) (5) Timetable: within five years of the entry into force of this Agreement |
|
6. |
Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (6) Timetable: within five years of the entry into force of this Agreement |
|
7. |
Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses (7) Timetable: within five years of the entry into force of this Agreement |
|
8. |
Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (8) Timetable: within five years of the entry into force of this Agreement |
|
9. |
Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (9) Timetable: within five years of the entry into force of this Agreement |
|
10. |
Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (10) Timetable: within eight years of the entry into force of this Agreement |
|
11. |
Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) (11) Timetable: within eight years of the entry into force of this Agreement |
|
12. |
Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (12) Timetable: within eight years of the entry into force of this Agreement |
|
13. |
Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (13) Timetable: within eight years of the entry into force of this Agreement |
|
14. |
Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (14) Timetable: within five years of the entry into force of this Agreement |
|
15. |
Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (15) Timetable: within five years of the entry into force of this Agreement |
|
16. |
Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast) (16) Timetable: within five years of the entry into force of this Agreement |
|
17. |
Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (17) Timetable: within five years of the entry into force of this Agreement |
|
18. |
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonized conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (18) Timetable: within eight years of the entry into force of this Agreement |
|
19. |
Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast) (19) Timetable: within eight years of the entry into force of this Agreement |
|
20. |
Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (20) Timetable: within eight years of the entry into force of this Agreement |
(2) OJ L 96, 29.3.2014, p. 251.
(3) OJ L 189, 27.6.2014, p. 164.
(4) OJ L 167, 22.6.1992, p. 17.
(5) OJ L 96, 29.3.2014, p. 45.
(6) OJ L 354, 28.12.2013, p. 90.
(8) OJ L 96, 29.3.2014, p. 309.
(9) OJ L 153, 22.5.2014, p. 62.
(10) OJ L 96, 29.3.2014, p. 79
(11) OJ L 96, 29.3.2014, p. 357.
(12) OJ L 117, 5.5.2017, p. 1.
(13) OJ L 117, 5.5.2017, p. 176.
(14) OJ L 81, 31.3.2016, p. 99.
(15) OJ L 81, 31.3.2016, p. 51.
(16) OJ L 157, 9.6.2006, p. 24.
(17) OJ L 170, 30.6.2009, p. 1.
|
15.11.2019 |
EN |
Official Journal of the European Union |
L 296/33 |
DECISION No 2/2019 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
of 18 October 2019
updating Annex XVI to the Association Agreement [2019/1914]
THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Article 142, Article 146 and Article 408 thereof,
Having regard to Decision No 3/2014 of the Association Council of 17 November 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/2263] (1),
Whereas:
|
(1) |
In accordance with Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), the Agreement entered into force on 1 July 2016. |
|
(2) |
Article 142 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XVI-A are to be revised regularly, beginning in the year of entry into force of the Agreement, and that such revision is to be adopted by a decision of the Association Committee in Trade configuration. |
|
(3) |
Article 406(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council, by its Decision No 3/2014, delegated the power to update or amend certain trade-related Annexes to the Association Committee in Trade configuration. |
|
(4) |
Article 146 of the Agreement provides that Georgia is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided for in Annex XVI-B to the Agreement. |
|
(5) |
Several Union acts listed in Annex XVI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 29 November 2013 and new Union acts have been notified to Georgia:
|
|
(6) |
It is necessary to update Annex XVI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 142 and 146 of the Agreement. |
|
(7) |
In the interest of clarity, Annex XVI should be updated in its entirety and replaced, |
HAS ADOPTED THIS DECISION:
Article 1
Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Georgia, of the other part, is replaced by the text appearing in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels. 18 October 2019.
For the Association Committee in Trade configuration
G. ARVELADZE
The Chair
M. GABUNIA, R. MENGEL-JØRGENSEN
Secretaries
(1) OJ L 321, 5.12.2015, p. 72.
(2) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(3) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(4) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
ANNEX
‘ANNEX XVI
PUBLIC PROCUREMENT
‘ANNEX XVI-A
THRESHOLDS
The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties:
|
(a) |
EUR 144 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities; |
|
(b) |
EUR 221 000 in the case of public supply and public service contracts not covered by point (a); |
|
(c) |
EUR 5 548 000 in the case of public works contracts; |
|
(d) |
EUR 5 548 000 in the case of works contracts in the utilities sector; |
|
(e) |
EUR 5 548 000 in the case of concessions; |
|
(f) |
EUR 443 000 in the case of supply and service contracts in the utilities sector; |
|
(g) |
EUR 750 000 for public service contracts for social and other specific services; |
|
(h) |
EUR 1 000 000 for service contracts for social and other specific services in the utilities sector. |
‘ANNEX XVI-B
INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS
|
Phase |
|
Indicative time schedule |
Market access granted to the EU by Georgia |
Market access granted to Georgia by the EU |
|
|
1 |
Implementation of Articles 143(2) and 144 of this Agreement Agreement of the Reform Strategy set out in Article 145 of this Agreement |
Three years after the entry into force of this Agreement |
Supplies for central government authorities |
Supplies for central government authorities |
|
|
2 |
Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC |
Five years after the entry into force of this Agreement |
Supplies for state, regional and local authorities and bodies governed by public law |
Supplies for state, regional and local authorities and bodies governed by public law |
Annexes XVI-C and XVI-D |
|
3 |
Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC |
Six years after the entry into force of this Agreement |
Supplies for all contracting entities in the utilities sector |
Supplies for all contracting entities |
Annexes XVI-E and XVI-F |
|
4 |
Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EU |
Seven years after the entry into force of this Agreement |
Service and works contracts and concessions for all contracting authorities |
Service and works contracts and concessions for all contracting authorities |
Annexes XVI-G, XVI-H, and XVI-I |
|
5 |
Approximation and implementation of other elements of Directive 2014/25/EU |
Eight years after the entry into force of this Agreement |
Service and works contracts for all contracting entities in the utilities sector |
Service and works contracts for all contracting entities in the utilities sector |
Annexes XVI-J and XVI-K |
‘ANNEX XVI-C
BASIC ELEMENTS OF DIRECTIVE 2014/24/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (1 2 6 7 11 13 15 18 20 23 25 26 29)
(PHASE 2)
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Scope and definitions |
|
Section 1 |
Subject-matter and definitions |
|
Article 1 |
Subject-matter and scope: paragraphs 1, 2, 5 and 6 |
|
Article 2 |
Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24) |
|
Article 3 |
Mixed procurement |
|
Section 2 |
Thresholds |
|
Article 4 |
Threshold amounts |
|
Article 5 |
Methods for calculating the estimated value of procurement |
|
Section 3 |
Exclusions |
|
Article 7 |
Contracts in the water, energy, transport and postal services sectors |
|
Article 8 |
Specific exclusions in the field of electronic communications |
|
Article 9 |
Public contracts awarded and design contests organised pursuant to international rules |
|
Article 10 |
Specific exclusions for service contracts |
|
Article 11 |
Service contracts awarded on the basis of an exclusive right |
|
Article 12 |
Public contracts between entities within the public sector |
|
Section 4 |
Specific situations |
|
Subsection 1: |
Subsidised contracts and research and development services |
|
Article 13 |
Contracts subsidised by contracting authorities |
|
Article 14 |
Research and development services |
|
Subsection 2: |
Procurement involving defence and security aspects |
|
Article 15 |
Defence and security |
|
Article 16 |
Mixed procurement involving defence or security aspects |
|
Article 17 |
Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules |
|
CHAPTER II |
General Rules |
|
Article 18 |
Principles of procurement |
|
Article 19 |
Economic operators |
|
Article 21 |
Confidentiality |
|
Article 22 |
Rules applicable to communication: paragraphs 2-6 |
|
Article 23 |
Nomenclatures |
|
Article 24 |
Conflicts of interest |
|
TITLE II |
Rules on public contracts |
|
CHAPTER I |
Procedures |
|
Article 26 |
Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6 |
|
Article 27 |
Open procedure |
|
Article 28 |
Restricted procedure |
|
Article 29 |
Competitive procedure with negotiation |
|
Article 32 |
Use of the negotiated procedure without prior publication |
|
CHAPTER III |
Conduct of the procedure |
|
Section 1 |
Preparation |
|
Article 40 |
Preliminary market consultations |
|
Article 41 |
Prior involvement of candidates or tenderers |
|
Article 42 |
Technical specifications |
|
Article 43 |
Labels |
|
Article 44 |
Test reports, certification and other means of proof: paragraphs 1, 2 |
|
Article 45 |
Variants |
|
Article 46 |
Division of contracts into lots |
|
Article 47 |
Setting time limits |
|
Section 2 |
Publication and transparency |
|
Article 48 |
Prior information notices |
|
Article 49 |
Contract notices |
|
Article 50 |
Contract award notices: paragraphs 1 and 4 |
|
Article 51 |
Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5 |
|
Article 53 |
Electronic availability of procurement documents |
|
Article 54 |
Invitations to candidates |
|
Article 55 |
Informing candidates and tenderers |
|
Section 3 |
Choice of participants and award of contracts |
|
Article 56 |
General principles |
|
Subsection 1: |
Criteria for qualitative selection |
|
Article 57 |
Exclusion grounds |
|
Article 58 |
Selection criteria |
|
Article 59 |
European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4 |
|
Article 60 |
Means of proof |
|
Article 62 |
Quality assurance standards and environmental management standards: paragraphs 1 and 2 |
|
Article 63 |
Reliance on the capacities of other entities |
|
Subsection 2: |
Reduction of numbers of candidates, tenders and solutions |
|
Article 65 |
Reduction of the number of otherwise qualified candidates to be invited to participate |
|
Article 66 |
Reduction of the number of tenders and solutions |
|
Subsection 3: |
Award of the contract |
|
Article 67 |
Contract award criteria |
|
Article 68 |
Life-cycle costing: paragraphs 1 and 2 |
|
Article 69 |
Abnormally low tenders: paragraphs 1-4 |
|
CHAPTER IV |
Contract performance |
|
Article 70 |
Conditions for performance of contracts |
|
Article 71 |
Subcontracting |
|
Article 72 |
Modification of contracts during their term |
|
Article 73 |
Termination of contracts |
|
TITLE III |
Particular procurement regimes |
|
CHAPTER I |
Social and other specific services |
|
Article 74 |
Award of contracts for social and other specific services |
|
Article 75 |
Publication of notices |
|
Article 76 |
Principles of awarding contracts |
|
ANNEXES |
|
|
ANNEX II |
List of the activities referred to in point 6(a) of Article 2(1) |
|
ANNEX III |
List of products referred to in Article 4(b) with regard to contracts awarded by contracting authorities in the field of defence |
|
ANNEX IV |
Requirements relating to tools and devices for the electronic receipt of tenders, requests for participation as well as plans and projects in contests |
|
ANNEX V |
Information to be included in notices |
|
Part A: |
Information to be included in notices of the publication of a prior information notice on a buyer profile |
|
Part B: |
Information to be included in prior information notices (as referred to in Article 48) |
|
Part C: |
Information to be included in contract notices (as referred to in Article 49) |
|
Part D: |
Information to be included in contract award notices (as referred to in Article 50) |
|
Part G: |
Information to be included in notices of modifications of a contract during its term (as referred to in Article 72(1)) |
|
Part H: |
Information to be included in contract notices concerning contracts for social and other specific services (as referred to in Article 75(1)) |
|
Part I: |
Information to be included in prior information notices for social and other specific services (as referred to in Article 75(1)) |
|
Part J: |
Information to be included in contract award notices concerning contracts for social and other specific services (as referred to in Article 75(2)) |
|
Annex VII |
Definition of certain technical specifications |
|
Annex IX |
contents of the invitations to submit a tender, to participate in the dialogue or to confirm interest provided for under Article 54 |
|
Annex X |
list of international social and environmental conventions referred to in Article 18(2) |
|
Annex XII |
Means of proof of selection criteria |
|
Annex XIV |
Services referred to in Article 74 |
‘ANNEX XVI-D
BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29)
as amended by Directive 2007/66/EC of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30) and Directive 2014/23/EU of the European Parliament and of the Council (4 9 17 22 28 31) , (5 10)
(PHASE 2)
|
Article 1 |
Scope and availability of review procedures |
|
Article 2 |
Requirements for review procedures |
|
Article 2a |
Standstill period |
|
Article 2b |
Derogations from the standstill period |
|
Point (b) of the first paragraph |
|
|
Article 2c |
Time limits for applying for review |
|
Article 2d |
Ineffectiveness |
|
Point (b) of paragraph 1 |
|
|
Paragraph 2 and 3 |
|
|
Article 2e |
Infringements of this Directive and alternative penalties |
|
Article 2f |
Time limits |
‘ANNEX XVI-E
BASIC ELEMENTS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (1 2 6 7 11 13 15 18 20 23 25 26 29)
(PHASE 3)
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Subject-matter and definitions |
|
Article 1 |
Subject-matter and scope: paragraphs 1, 2, 5 and 6 |
|
Article 2 |
Definitions: points 1-9, 13-16 and 18-20 |
|
Article 3 |
Contracting authorities (paragraphs 1 and 4) |
|
Article 4 |
Contracting entities: paragraphs 1-3 |
|
Article 5 |
Mixed procurement covering the same activity |
|
Article 6 |
Procurement covering several activities |
|
CHAPTER II |
Activities |
|
Article 7 |
Common provisions |
|
Article 8 |
Gas and heat |
|
Article 9 |
Electricity |
|
Article 10 |
Water |
|
Article 11 |
Transport services |
|
Article 12 |
Ports and airports |
|
Article 13 |
Postal services |
|
Article 14 |
Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuels |
|
CHAPTER III |
Material scope |
|
Section 1 |
Thresholds |
|
Article 15 |
Threshold amounts |
|
Article 16 |
Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14 |
|
Section 2 |
Excluded contracts and design contests; special provisions for procurement involving defence and security aspects |
|
Subsection 1: |
Exclusions applicable to all contracting entities and special exclusions for the water and energy sectors |
|
Article 18 |
Contracts awarded for purposes of resale or lease to third parties: paragraph 1 |
|
Article 19 |
Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 1 |
|
Article 20 |
Contracts awarded and design contests organised pursuant to international rules |
|
Article 21 |
Specific exclusions for service contracts |
|
Article 22 |
Service contracts awarded on the basis of an exclusive right |
|
Article 23 |
Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energy |
|
Subsection 2: |
Procurement involving defence and security aspects |
|
Article 24 |
Defence and security |
|
Article 25 |
Mixed procurement covering the same activity and involving defence or security aspects |
|
Article 26 |
Procurement covering several activities and involving defence or security aspects |
|
Article 27 |
Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules |
|
Subsection 3: |
Special relations (cooperation, affiliated undertakings and joint ventures) |
|
Article 28 |
Contracts between contracting authorities |
|
Article 29 |
Contracts awarded to an affiliated undertaking |
|
Article 30 |
Contracts awarded to a joint venture or to a contracting entity forming part of a joint venture |
|
Subsection 4: |
Specific situations |
|
Article 32 |
Research and development services |
|
CHAPTER IV |
General principles |
|
Article 36 |
Principles of procurement |
|
Article 37 |
Economic operators |
|
Article 39 |
Confidentiality |
|
Article 40 |
Rules applicable to communication |
|
Article 41 |
Nomenclatures |
|
Article 42 |
Conflicts of interest |
|
TITLE II |
Rules applicable to contracts |
|
CHAPTER I |
Procedures |
|
Article 44 |
Choice of procedures: paragraphs 1, 2, 4 |
|
Article 45 |
Open procedure |
|
Article 46 |
Restricted procedure |
|
Article 47 |
Negotiated procedure with prior call for competition |
|
Article 50 |
Use of the negotiated procedure without prior call for competition: points (a) – (i) |
|
CHAPTER III |
Conduct of the procedure |
|
Section 1 |
Preparation |
|
Article 58 |
Preliminary market consultations |
|
Article 59 |
Prior involvement of candidates or tenderers |
|
Article 60 |
Technical specifications |
|
Article 61 |
Labels |
|
Article 62 |
Test reports, certification and other means of proof |
|
Article 63 |
Communication of technical specifications |
|
Article 64 |
Variants |
|
Article 65 |
Division of contracts into lots |
|
Article 66 |
Setting time limits |
|
Section 2 |
Publication and transparency |
|
Article 67 |
Periodic indicative notices |
|
Article 68 |
Notices on the existence of a qualification system |
|
Article 69 |
Contract notices |
|
Article 70 |
Contract award notices: paragraphs 1, 3, 4 |
|
Article 71 |
Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5 |
|
Article 73 |
Electronic availability of procurement documents |
|
Article 74 |
Invitations to candidates |
|
Article 75 |
Informing applicants for qualification, candidates and tenderers |
|
Section 3 |
Choice of participants and award of contracts |
|
Article 76 |
General principles |
|
Subsection 1: |
Qualification and qualitative selection |
|
Article 78 |
Criteria for qualitative selection |
|
Article 79 |
Reliance on the capacities of other entities: paragraph 2 |
|
Article 80 |
Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU |
|
Article 81 |
Quality assurance standards and environmental management standards: paragraphs 1, 2 |
|
Subsection 2: |
Award of the contract |
|
Article 82 |
Contract award criteria |
|
Article 83 |
Life-cycle costing: paragraphs 1 and 2 |
|
Article 84 |
Abnormally low tenders: paragraphs 1-4 |
|
CHAPTER IV |
Contract performance |
|
Article 87 |
Conditions for performance of contracts |
|
Article 88 |
Subcontracting |
|
Article 89 |
Modification of contracts during their term |
|
Article 90 |
Termination of contracts |
|
TITLE III |
particular procurement regimes |
|
CHAPTER I |
Social and other specific services |
|
Article 91 |
Award of contracts for social and other specific services |
|
Article 92 |
Publication of notices |
|
Article 93 |
Principles of awarding contracts |
|
ANNEXES |
|
|
Annex I |
List of activities as set out in point (a) of point 2 of Article 2 |
|
Annex V |
Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests |
|
Annex VI |
|
|
Part A |
Information to be included in the periodic indicative notice (as referred to in Article 67) |
|
Part B |
Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1)) |
|
Annex VIII |
Definition of certain technical specifications |
|
Annex IX |
Features concerning publication |
|
Annex X |
Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68) |
|
Annex XI |
Information to be included in contract notices (as referred to in Article 69) |
|
Annex XII |
Information to be included in the contract award notice (as referred to in Article 70) |
|
Annex XIII |
Contents of the invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74 |
|
Annex XIV |
List of International Social and Environmental Conventions referred to in Article 36(2) |
|
Annex XVI |
Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1)) |
|
Annex XVII |
Services referred to in Article 91 |
|
Annex XVIII |
Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92) |
‘ANNEX XVI-F
BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29)
as amended by Directive 2007/66/EC of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30) and Directive 2014/23/EU of the European Parliament and of the Council (4 9 17 22 28 31) , (5 10)
(PHASE 3)
|
Article 1 |
Scope and availability of review procedures |
|
Article 2 |
Requirements for review procedures |
|
Article 2a |
Standstill period |
|
Article 2b |
Derogations from the standstill period |
|
Point (b) of the first paragraph |
|
|
Article 2c |
Time limits for applying for review |
|
Article 2d |
Ineffectiveness |
|
Point (b) of paragraph 1 |
|
|
Paragraphs 2 and 3 |
|
|
Article 2e |
Infringements of this Directive and alternative penalties |
|
Article 2f |
Time limits |
‘ANNEX XVI-G
(PHASE 4)
I. Other non-mandatory elements of Directive 2014/24/eu of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29)
The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Scope and definitions |
|
Section 1 |
Subject-matter and definitions |
|
Article 2 |
Definitions (paragraph 1, points (14) and (16)) |
|
CHAPTER II |
General rules |
|
Article 20 |
Reserved contracts |
|
TITLE II |
Rules on public contracts |
|
CHAPTER II |
Techniques and instruments for electronic and aggregated procurement |
|
Article 37 |
Centralised purchasing activities and central purchasing bodies |
|
CHAPTER III |
Conduct of the procedure |
|
Section 3 |
Choice of participants and award of contracts |
|
Subsection 1: |
Criteria for qualitative selection |
|
Article 64 |
Official lists of approved economic operators and certification by bodies established under public or private law |
|
TITLE III |
Particular procurement regimes |
|
CHAPTER I |
Social and other specific services |
|
Article 77 |
Reserved contracts for certain services |
II. Non-mandatory elements of Directive 2014/23/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30)
The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
|
TITLE I |
Subject matter, scope, principles and definitions |
|
CHAPTER I |
Scope, general principles and definitions |
|
Section IV |
Specific situations |
|
Article 24 |
Reserved concessions |
‘ANNEX XVI-H
(PHASE 4)
I. Other mandatory elements of Directive 2014/24/EU of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29)
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Scope and definitions |
|
Section 1 |
Subject-matter and definitions |
|
Article 2 |
Definitions (paragraph 1 point (21)) |
|
CHAPTER II |
General rules |
|
Article 22 |
Rules applicable to communication: paragraph 1 |
|
TITLE II |
Rules on public contracts |
|
CHAPTER I |
Procedures |
|
Article 26 |
Choice of procedures: paragraph 3, second alternative of paragraph 4 |
|
Article 30 |
Competitive dialogue |
|
Article 31 |
Innovation Partnership |
|
CHAPTER II |
Techniques and instruments for electronic and aggregated procurement |
|
Article 33 |
Framework agreements |
|
Article 34 |
Dynamic purchasing systems |
|
Article 35 |
Electronic auctions |
|
Article 36 |
Electronic catalogues |
|
Article 38 |
Occasional joint procurement |
|
CHAPTER III |
Conduct of the procedure |
|
Section 2 |
Publication and Transparency |
|
Article 50 |
Contract award notices: paragraphs 2 and 3 |
|
TITLE III |
Particular procurement regimes |
|
CHAPTER II |
Rules governing design contests |
|
Article 78 |
Scope |
|
Article 79 |
Notices |
|
Article 80 |
Rules on the organisation of design contests and the selection of participants |
|
Article 81 |
Composition of the jury |
|
Article 82 |
Decisions of the jury |
|
ANNEXES |
|
|
ANNEX V |
Information to be included in notices |
|
Part E: |
Information to be included in design contest notices (as referred to in Article 79(1)) |
|
Part F: |
Information to be included in notices of the results of a contest (as referred to in Article 79(2)) |
|
ANNEX VI |
Information to be included in the procurement documents relating to electronic auctions (article 35(4)) |
II. Mandatory elements of Directive 2014/23/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30)
|
TITLE I |
Subject matter, scope, principles and definitions |
|
CHAPTER I |
Scope, general principles and definitions |
|
Section I |
Subject-matter, scope, general principles, definitions and threshold |
|
Article 1 |
Subject-matter and scope: paragraphs 1, 2 and 4 |
|
Article 2 |
Principle of free administration by public authorities |
|
Article 3 |
Principle of equal treatment, non-discrimination and transparency |
|
Article 4 |
Freedom to define services of general economic interest |
|
Article 5 |
Definitions |
|
Article 6 |
Contracting authorities: paragraphs 1 and 4 |
|
Article 7 |
Contracting entities |
|
Article 8 |
Threshold and methods for calculating the estimated value of concessions |
|
Section II |
Exclusions |
|
Article 10 |
Exclusions applicable to concessions awarded by contracting authorities and contracting entities |
|
Article 11 |
Specific exclusions in the field of electronic communications |
|
Article 12 |
Specific exclusions in the field of water |
|
Article 13 |
Concessions awarded to an affiliated undertaking |
|
Article 14 |
Concessions awarded to a joint venture or to a contracting entity forming part of a joint venture |
|
Article 17 |
Concessions between entities within the public sector |
|
Section III |
General provisions |
|
Article 18 |
Duration of the concession |
|
Article 19 |
Social and other specific services |
|
Article 20 |
Mixed contracts |
|
Article 21 |
Mixed procurement contracts involving defence or security aspects |
|
Article 22 |
Contracts covering both activities referred to in Annex II and other activities |
|
Article 23 |
Concessions covering both activities referred to in Annex II and activities involving defence or security aspects |
|
Section IV |
Specific situations |
|
Article 25 |
Research and development services |
|
CHAPTER II |
Principles |
|
Article 26 |
Economic operators |
|
Article 27 |
Nomenclatures |
|
Article 28 |
Confidentiality |
|
Article 29 |
Rules applicable to communication |
|
TITLE II |
Rules on the award of concessions: general principles and procedural guarantees |
|
CHAPTER I |
General principles |
|
Article 30 |
General principles: paragraphs 1, 2 and 3 |
|
Article 31 |
Concession notices |
|
Article 32 |
Concession award notices |
|
Article 33 |
Form and manner of publication of notices: first subparagraph of paragraph 1 |
|
Article 34 |
Electronic availability of concession documents |
|
Article 35 |
Combating corruption and preventing conflicts of interest |
|
CHAPTER II |
Procedural guarantees |
|
Article 36 |
Technical and functional requirements |
|
Article 37 |
Procedural guarantees |
|
Article 38 |
Selection of and qualitative assessment of candidates |
|
Article 39 |
Time limits for receipt of applications and tenders for the concession |
|
Article 40 |
Provision of information to candidates and tenderers |
|
Article 41 |
Award criteria |
|
TITLE III |
Rules on performance of concessions |
|
Article 42 |
Subcontracting |
|
Article 43 |
Modification of contracts during their term |
|
Article 44 |
Termination of concessions |
|
Article 45 |
Monitoring and Reporting |
|
ANNEXES |
|
|
Annex I |
List of the activities referred to in point (7) of Article 5 |
|
Annex II |
Activities exercised by contracting entities as referred to in Article 7 |
|
Annex III |
List of legal acts of the union referred to in point (b) of Article 7(2) |
|
Annex IV |
Services referred to in Article 19 |
|
Annex V |
Information to be included in concession notices referred to in Article 31 |
|
Annex VI |
Information to be included in prior information notices concerning concessions for social and other specific services, as referred to in Article 31(3) |
|
Annex VII |
Information to be included in concession award notices, as referred to in Article 32 |
|
Annex VIII |
Information to be included in concession award notices concerning concessions for social and other specific services, as referred to in Article 32 |
|
Annex IX |
Features concerning publication |
|
Annex X |
List of international social and environmental conventions referred to in Article 30(3) |
|
Annex XI |
Information to be included in notices of modifications of a concession during its term according to Article 43 |
‘ANNEX XVI-I
OTHER ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29)
as amended by Directive 2007/66/EC of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30) and Directive 2014/23/EU of the European Parliament and of the Council (4 9 17 22 28 31)
(PHASE 4)
|
Article 2b |
Derogations from the standstill period |
|
Point (c) of the first paragraph |
|
|
Article 2d |
Ineffectiveness |
|
Point (c) of paragraph 1 |
|
|
Paragraph 5 |
‘ANNEX XVI-J
(PHASE 5)
I. Other non-mandatory elements of Directive 2014/25/EU of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29)
The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Georgia may approximate these elements within the time-frame set in Annex XVI-B.
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Subject-matter and definitions |
|
Article 2 |
Definitions: points 10-12 |
|
CHAPTER IV |
General principles |
|
Article 38 |
Reserved contracts |
|
TITLE II |
Rules applicable to contracts |
|
CHAPTER II |
Techniques and instruments for electronic and aggregated procurement |
|
Article 55 |
Centralised purchasing activities and central purchasing bodies |
|
TITLE III |
Particular procurement regimes |
|
CHAPTER I |
Social and other specific services |
|
Article 94 |
Reserved contracts for certain services |
II. Other mandatory elements of directive 2014/25/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30)
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Subject-matter and definitions |
|
Article 2 |
Definitions: point 17 |
|
CHAPTER III |
Material scope |
|
Section 1 |
Thresholds |
|
Article 16 |
Methods for calculating the estimated value of procurement: paragraphs 5, 6 |
|
TITLE II |
Rules applicable to contracts |
|
CHAPTER I |
Procedures |
|
Article 44 |
Choice of procedures: paragraph 3 |
|
Article 48 |
Competitive dialogue |
|
Article 49 |
Innovation Partnership |
|
Article 50 |
Use of the negotiated procedure without prior call for competition: point (j) |
|
CHAPTER II |
Techniques and instruments for electronic and aggregated procurement |
|
Article 51 |
Framework agreements |
|
Article 52 |
Dynamic purchasing systems |
|
Article 53 |
Electronic auctions |
|
Article 54 |
Electronic catalogues |
|
Article 56 |
Occasional joint procurement |
|
CHAPTER III |
Conduct of the procedure |
|
Section 2 |
Publication and transparency |
|
Article 70 |
Contract award notices: paragraph 2 |
|
Section 3 |
Choice of participants and award of contracts |
|
Subsection 1: |
Qualification and qualitative selection |
|
Article 77 |
Qualification systems |
|
Article 79 |
Reliance on the capacities of other entities: paragraph 1 |
|
TITLE III |
Particular procurement regimes |
|
CHAPTER II |
Rules governing design contests |
|
Article 95 |
Scope |
|
Article 96 |
Notices |
|
Article 97 |
Rules on the organisation of design contests, the selection of participants and the jury |
|
Article 98 |
Decisions of the jury |
|
ANNEXES |
|
|
Annex VII |
Information to be included in the procurement documents relating to electronic auctions (Article 53(4)) |
|
Annex XIX |
Information to be included in the design contest notice (as referred to in Article 96(1)) |
|
Annex XX |
Information to be included in the results of design contest notices (as referred to in Article 96(1)) |
‘ANNEX XVI-K
OTHER ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29)
as amended by Directive 2007/66/EC of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30) and Directive 2014/23/EU of the European Parliament and of the Council (4 9 17 22 28 31)
(PHASE 5)
|
Article 2b |
Derogations from the standstill period |
|
Point (c) of the first paragraph |
|
|
Article 2d |
Ineffectiveness |
|
Point (c) of paragraph 1 |
|
|
Paragraph 5 |
‘ANNEX XVI-L
I. Provisions of Directive 2014/24/EU of the European Parliament and of the Council (1 2 6 7 11 13 15 18 20 23 25 26 29) outside the scope of approximation
The elements listed in this Annex are not subject to the process of approximation.
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Scope and definitions |
|
Section 1 |
Subject-matter and definitions |
|
Article 1 |
Subject-matter and scope: paragraphs 3 and 4 |
|
Article 2 |
Definitions: paragraph 2 |
|
Section 2 |
Thresholds |
|
Article 6 |
Revision of the thresholds and of the list of central government authorities |
|
TITLE II |
Rules on public contracts |
|
CHAPTER I |
Procedures |
|
Article 25 |
Conditions relating to the GPA and other international agreements |
|
CHAPTER II |
Techniques and instruments for electronic and aggregated procurement |
|
Article 39 |
Procurement involving contracting authorities from different Member States |
|
CHAPTER III |
Conduct of the procedure |
|
Section 1 |
Preparation |
|
Article 44 |
Test reports, certification and other means of proof: paragraph 3 |
|
Section 2 |
Publication and transparency |
|
Article 51 |
Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 |
|
Article 52 |
Publication at national level |
|
Section 3 |
Choice of participants and award of contracts |
|
Subsection 1: |
Criteria for qualitative selection |
|
Article 61 |
Online repository of certificates (e-Certis) |
|
Article 62 |
Quality assurance standards and environmental management standards: paragraph 3 |
|
Subsection 3: |
Award of the Contract |
|
Article 68 |
Life-cycle costing: paragraph 3 |
|
Article 69 |
Abnormally low tender: paragraph 5 |
|
TITLE IV |
Governance |
|
Article 83 |
Enforcement |
|
Article 84 |
Individual reports on procedures for the award of contracts |
|
Article 85 |
National reporting and statistical information |
|
Article 86 |
Administrative cooperation |
|
TITLE V |
Delegated powers, implementing powers and final provisions |
|
Article 87 |
Exercise of the delegation of powers |
|
Article 88 |
Urgency procedure |
|
Article 89 |
Committee procedure |
|
Article 90 |
Transposition and transitional provisions |
|
Article 91 |
Repeals |
|
Article 92 |
Review |
|
Article 93 |
Entry into force |
|
Article 94 |
Addressees |
|
ANNEXES |
|
|
ANNEX I |
Central government authorities |
|
Annex VIII |
Features concerning publication |
|
Annex XI |
Registers |
|
Annex XIII |
List of EU legislation referred to in Article 68(3) |
|
Annex XV |
Correlation table |
II. Provisions of Directive 2014/23/EU of the European Parliament and of the Council (3 8 12 14 16 19 21 24 27 30) outside the scope of approximation
The elements listed in this Annex are not subject to the process of approximation.
|
TITLE I |
Subject matter, scope, principles and definitions |
|
CHAPTER I |
Scope, general principles and definitions |
|
Section I |
Subject-matter, scope, general principles, definitions and threshold |
|
Article 1 |
Subject-matter and scope: paragraph 3 |
|
Article 6 |
Contracting authorities: paragraphs 2 and 3 |
|
Article 9 |
Revision of the threshold |
|
Section II |
Exclusions |
|
Article 15 |
Notification of information by contracting entities |
|
Article 16 |
Exclusion of activities which are directly exposed to competition |
|
TITLE II |
Rules on the award of concessions: general principles and procedural guarantees |
|
CHAPTER I |
General principles |
|
Article 30 |
General principles: paragraph 4 |
|
Article 33 |
Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4 |
|
TITLE IV |
Amendments to Directives 89/665/EEC and 92/13/EEC |
|
Article 46 |
Amendments to Directive 89/665/EEC |
|
Article 47 |
Amendments to Directive 92/13/EEC |
|
TITLE V |
Delegated powers, implementing powers and final provisions |
|
Article 48 |
Exercise of the delegation |
|
Article 49 |
Urgency procedure |
|
Article 50 |
Committee procedure |
|
Article 51 |
Transposition |
|
Article 52 |
Transitional provisions |
|
Article 53 |
Monitoring and reporting |
|
Article 54 |
Entry into force |
|
Article 55 |
Addressees |
‘ANNEX XVI-M
PROVISIONS OF DIRECTIVE 2014/25/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (1 2 6 7 11 13 15 18 20 23 25 26 29) OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
|
TITLE I |
Scope, definitions and general principles |
|
CHAPTER I |
Subject-matter and definitions |
|
Article 1 |
Subject matter and scope: paragraphs 3 and 4 |
|
Article 3 |
Contracting authorities: paragraphs 2 and 3 |
|
Article 4 |
Contracting entities: paragraph 4 |
|
CHAPTER III |
Material scope |
|
Section 1 |
Thresholds |
|
Article 17 |
Revision of the thresholds |
|
Section 2 |
Excluded contracts and design contests; special provisions for procurement involving defence and security aspects |
|
Subsection 1: |
Exclusions applicable to all contracting entities and special exclusions for the water and energy sector |
|
Article 18 |
Contracts awarded for purposes of resale or lease to third parties: paragraph 2 |
|
Article 19 |
Contracts and design contests awarded or organised for purposes other than the pursuit of a covered activity or for the pursuit of such an activity in a third country: paragraph 2 |
|
Subsection 3: |
Special relations (cooperation, affiliated undertakings and joint ventures) |
|
Article 31 |
Notification of information |
|
Subsection 4: |
Specific situations |
|
Article 33 |
Contracts subject to special arrangements |
|
Subsection 5: |
Activities directly exposed to competition and procedural provisions relating thereto |
|
Article 34 |
Activities directly exposed to competition |
|
Article 35 |
Procedure for establishing whether Article 34 is applicable |
|
TITLE II |
Rules applicable to contracts |
|
CHAPTER I |
Procedures |
|
Article 43 |
Conditions relating to the GPA and other international agreements |
|
CHAPTER II |
Techniques and instruments for electronic and aggregated procurement |
|
Article 57 |
Procurement involving contracting entities from different Member States |
|
CHAPTER III |
Conduct of the procedure |
|
Section 2 |
Publication and transparency |
|
Article 71 |
Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6 |
|
Article 72 |
Publication at national level |
|
Section 3 |
Choice of participants and award of contracts |
|
Subsection 1: |
Qualification and qualitative selection |
|
Article 81 |
Quality assurance standards and environmental management standards: paragraph 3 |
|
Subsection 2: |
Award of the contract |
|
Article 83 |
Life-cycle costing: paragraph 3 |
|
Section 4 |
Tenders comprising products originating in third countries and relations with those countries |
|
Article 85 |
Tenders comprising products originating in third countries |
|
Article 86 |
Relations with third countries as regards works, supplies and service contracts |
|
TITLE IV |
Governance |
|
Article 99 |
Enforcement |
|
Article 100 |
Individual reports on procedures for the award of contracts |
|
Article 101 |
National reporting and statistical information |
|
Article 102 |
Administrative cooperation |
|
TITLE V |
Delegated powers, implementing powers and final provisions |
|
Article 103 |
Exercise of the delegation |
|
Article 104 |
Urgency procedure |
|
Article 105 |
Committee procedure |
|
Article 106 |
Transposition and transitional provisions |
|
Article 107 |
Repeal |
|
Article 108 |
Review |
|
Article 109 |
Entry into force |
|
Article 110 |
Addressees |
|
ANNEXES |
|
|
Annex II |
List of Union legal acts referred to in Article 4(3) |
|
Annex III |
List of Union legal acts referred to in Article 34(3) |
|
Annex IV |
Deadlines for the adoption of the implementing acts referred to in Article 35 |
|
Annex XV |
List of Union legal acts referred to in Article 83(3) |
‘ANNEX XVI-N
PROVISIONS OF COUNCIL DIRECTIVE 89/665/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29) AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (3 8 12 14 16 19 21 24 27 30) AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (4 9 17 22 28 31) OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
|
Article 2b |
Derogations from the standstill period |
|
Point (a) of the first paragraph |
|
|
Article 2d |
Ineffectiveness |
|
Point (a) of paragraph 1 |
|
|
Paragraph 4 |
|
|
Article 3 |
Corrective mechanism |
|
Article 3a |
Content of a notice for voluntary ex ante transparency |
|
Article 3b |
Committee procedure |
|
Article 4 |
Implementation |
|
Article 4a |
Review |
‘ANNEX XVI-O
PROVISIONS OF COUNCIL DIRECTIVE 92/13/EEC (1 2 6 7 11 13 15 18 20 23 25 26 29) AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (3 8 12 14 16 19 21 24 27 30) AND DIRECTIVE 2014/23/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (4 9 17 22 28 31) OUTSIDE THE SCOPE OF APPROXIMATION
The elements listed in this Annex are not subject to the process of approximation.
|
Article 2b |
Derogations from the standstill period |
|
Point (a) of the first paragraph |
|
|
Article 2d |
Ineffectiveness |
|
Point (a) of paragraph 1 |
|
|
Paragraph 4 |
|
|
Article 3a |
Content of a notice for voluntary ex ante transparency |
|
Article 3b |
Committee procedure |
|
Article 8 |
Corrective mechanism |
|
Article 12 |
Implementation |
|
Article 12a |
Review |
‘ANNEX XVI-P
GEORGIA: INDICATIVE LIST OF ISSUES FOR COOPERATION
1.
Training, in Georgia and EU Member States, of Georgian officials from government bodies engaged in public procurement;
2.
Training of suppliers interested participating in public procurement;
3.
Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;
4.
Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring;
5.
Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement;
6.
Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities’ decisions. (Cf. Article 143 paragraph 2 of this Agreement).
(1) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(2) Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).
(3) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).
(4) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(5) Georgian legislation implementing Annex XVI-D shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
(6) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(7) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).
(8) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).
(9) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(10) Georgian legislation implementing Annex XVI-F shall become effective with regard to review procedures relating to award of concessions (Directive 2014/23/EU) as from phase 4.
(11) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(12) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(13) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC.
(14) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(15) Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).
(16) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).
(17) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(18) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(19) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(20) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).
(21) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).
(22) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(23) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(24) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(25) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(26) Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).
(27) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).
(28) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(29) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14).
(30) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ L 335, 20.12.2007, p. 31).
(31) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
Corrigenda
|
15.11.2019 |
EN |
Official Journal of the European Union |
L 296/63 |
Corrigendum to Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
( Official Journal of the European Union L 280 of 31 October 2019 )
On page 1 in the title, and on page 2 in the concluding formula:
for:
‘ 9 October 2019 ’,
read:
‘ 22 October 2019 ’.