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Document L:2019:296:FULL

Official Journal of the European Union, L 296, 15 November 2019


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 296

European flag  

English edition

Legislation

Volume 62
15 November 2019


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

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 )

1

 

 

DECISIONS

 

*

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

21

 

*

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

28

 

 

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

 

*

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]

30

 

*

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]

33

 

 

Corrigenda

 

*

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 ( OJ L 280, 31.10.2019 )

63

 


 

(1)   Text with EEA relevance.

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

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:

(1)

Regulation (EC) No 808/2004 establishes a common framework for the systematic production of European statistics on the information society.

(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.

(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


(1)   OJ L 143, 30.4.2004, p. 49.


ANNEX I

MODULE 1

ENTERPRISES AND THE INFORMATION SOCIETY

A.   SUBJECTS AND THEIR CHARACTERISTICS

(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:

(a)

use of the internet and other electronic networks by enterprises;

(b)

e-commerce;

(c)

e-business processes and organisational aspects;

(d)

ICT competence in the enterprise unit and the need for ICT skills;

(e)

barriers to the use of ICT, the internet and other electronic networks, e-commerce and e-business processes;

(f)

access to and use of technologies providing the ability to connect to the internet or other networks from anywhere at any time (ubiquitous connectivity).

(2)

the following enterprise characteristics shall be collected:

(a)

use of the internet and other electronic networks by enterprises

(i)

for all enterprises:

persons employed or percentage of the total number of persons employed who have access to the internet for business purposes;

(ii)

for enterprises with persons employed who have access to the internet for business purposes:

internet connection: any type of fixed line connection;

(optional) internet connection: provision of portable devices that allow a mobile connection using mobile telephone networks, for business purposes;

having a website;

having a chat service for customer contacts: chat service where a person replies to customers;

having a chat service for customer contacts: a chatbot or a virtual agent replying to customers;

(iii)

for enterprises having any type of fixed line connection to the internet:

maximum contracted download speed of the fastest fixed line internet connection in the ranges: [0Mbit/s, < 30Mbit/s], [30 Mbit/s, < 100Mbit/s], [100 Mbit/s, < 500Mbit/s], [500 Mbit/s, < 1Gbit/s], [>=1Gbit/s];

sufficiency of the speed of enterprise’s fixed line internet connection for the actual needs of enterprises;

(iv)

for enterprises that provide their persons employed with portable devices that allow a mobile internet connection using mobile telephone networks, for business purposes:

(optional) persons employed or percentage of the total number of persons employed using a portable device provided by the enterprise which allows internet connection via mobile telephone networks, for business purposes;

(v)

for enterprises having a website, information about the provision of the following facilities:

description of goods or services, price information;

online ordering or reservation or booking, such as shopping cart;

possibility for visitors to customise or design online goods or services;

tracking or status of placed orders;

personalised content on the website for regular/recurrent visitors;

links or references to the enterprise’s social media profiles.

(b)

e-commerce

(i)

for enterprises with persons employed who have access to the internet for business purposes:

web sales (orders, bookings and reservations placed by the customers) via the enterprise’s own websites or apps (including extranets), in the previous calendar year;

web sales (orders, bookings and reservations placed by the customers) via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year;

orders of goods or services placed by the enterprise’s customers via EDI-type messages (EDI-type sales), in the previous calendar year;

(ii)

for enterprises which have made web sales via websites or apps in the previous calendar year:

value of the turnover resulting from web sales via websites or apps, expressed in absolute figures or as a percentage of total turnover, in the previous calendar year;

percentage of turnover coming from web sales via websites or apps broken down by web sales via the enterprise’s own websites or apps (including extranets) and by web sales via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year;

percentage of the value of turnover generated by websales via websites or apps, broken down by sales to private consumers (Business to Consumers: B2C), and sales to other enterprises (Business to Business: B2B) and to public sector (Business to Government: B2G), in the previous calendar year;

(iii)

for enterprises which have made web sales via e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year:

(optional) number of e-commerce marketplace websites or apps via which the enterprise had websales in the previous calendar year: one, two, more than two;

(iv)

for enterprises which have made web sales via two or more e-commerce marketplace websites or apps used by several enterprises for trading goods or services, in the previous calendar year:

(optional) information if more than half of the turnover from e-commerce marketplace websites or apps was generated from only one e-commerce market place, in the previous calendar year;

(v)

for enterprises which have made EDI-type sales of goods or services, in the previous calendar year:

value of the turnover of e-commerce sales generated by EDI-type sales of goods or services, expressed in absolute figures or as a percentage of the total turnover, in the previous calendar year.

(c)

e-business processes and organisational aspects

(i)

for all enterprises:

use of the enterprise’s 3D printers, including rented or leased 3D printers, in the previous calendar year;

use of 3D printing services provided by other enterprises, in the previous calendar year;

use of industrial robots;

use of service robots;

(ii)

for enterprises with persons employed who have access to the internet for business purposes:

invoices sent in electronic form, in a standard structure suitable for automated processing (eInvoices), excluding the transmission of PDF files, in the previous calendar year;

invoices sent in electronic form, not suitable for automated processing, including the transmission of PDF files, in the previous calendar year;

invoices sent in paper form, in the previous calendar year;

performing big data analysis using data from smart devices or sensors as a data source, excluding big data analysis conducted by external service providers, in the previous calendar year;

performing big data analysis using geolocation data from portable devices as a data source, excluding big data analysis conducted by external service providers, in the previous calendar year;

performing big data analysis using data generated from social media as a data source, excluding big data analysis conducted by external service providers, in the previous calendar year;

performing big data analysis using big data sources other than smart devices or sensors, geolocation data from portable devices, or data generated from social media as a data source, excluding big data analysis conducted by external service providers, in the previous calendar year;

having another enterprise or organisation perform big data analysis for the enterprise, in the previous calendar year;

(optional) use of a interconnected devices or systems that can be monitored or remotely controlled via the internet (Internet of Things), excluding usage of computers, smartphones, printers;

(iii)

for enterprises having sent invoices in electronic form, in a standard structure suitable for automated processing (eInvoices), excluding the transmission of PDF files, in the previous calendar year:

(optional) percentage of eInvoices out of all invoices sent, or percentage of eInvoices out of all invoices sent in the following ranges: [0,< 10], [10,< 25], [25,< 50], [50,< 75], [>=75], in the previous calendar year;

(iv)

for enterprises which have performed big data analysis, either themselves or have had big data analysis performed by another enterprise or organisation for the enterprise, in the previous calendar year:

selling (access to) own big data, in the previous calendar year;

purchasing (access to) any big data, in the previous calendar year;

(v)

for enterprises which have performed big data analysis, excluding big data analysis conducted by external service provider, in the previous calendar year, method used:

machine learning (such as deep learning);

natural language processing, natural language generation or speech recognition;

methods of big data analysis other than machine learning (such as deep learning) or natural language processing, natural language generation or speech recognition;

(vi)

for enterprises which have not performed big data analysis, either themselves or have not had performed big data analysis by another enterprise or organisation for the enterprise, in the previous calendar year:

(optional) consideration of performing big data analysis by own employees or by other enterprises or organisations

(vii)

for enterprises using 3D printing, in the previous calendar year:

printing prototypes or models for sale;

printing prototypes or models for internal use;

printing goods for sale excluding prototypes or models;

printing goods to be used in the enterprise’s production process excluding prototypes or models;

(viii)

for enterprises using interconnected devices or systems that can be monitored or remotely controlled via the internet (Internet of Things), use of:

(optional) smart meters, smart lamps, smart thermostats to optimise energy consumption in enterprise’s premises (warehouses, production sites, distribution sites);

(optional) sensors, Radio Frequency Identification or internet Protocol (IP) tags or internet-controlled cameras to improve customer service, monitor customers’ activities or offer them a personalised shopping experience (targeted and relevant discounts, self-checkout);

(optional) movement or maintenance sensors to track the movement of vehicles or products, to offer condition-based maintenance of vehicles;

(optional) sensors or Radio Frequency Identification tags to monitor or automate production processes, to manage logistics, to track the movement of products;

(optional) internet of Things devices or systems other than smart meters, smart lamps, smart thermostats to optimise energy consumption in enterprise’s premises, sensors, Radio Frequency Identification or internet Protocol (IP) tags or internet-controlled cameras to improve customer service, monitor customers’ activities or offer them a personalised shopping experience, movement or maintenance sensors to track the movement of vehicles or products, to offer condition-based maintenance of vehicles, sensors or Radio Frequency Identification tags to monitor or automate production processes, to manage logistics, to track the movement of products;

(ix)

for enterprises using service robots, purpose of use:

surveillance, security or inspection tasks;

transportation of people or goods;

cleaning or waste disposal tasks;

warehouse management systems;

assembly works performed by service robots;

robotic store clerk tasks;

construction works or damage repair tasks.

(d)

ICT competence in the enterprise unit and the need for ICT skills

(i)

for all enterprises:

employment of ICT specialists;

provision of any type of training to develop ICT-related skills for ICT specialists, in the previous calendar year;

provision of any type of training to develop ICT-related skills for other persons employed, in the previous calendar year;

recruitment of or the attempt to recruit ICT specialists in the previous calendar year;

performance of ICT functions (such as maintenance of ICT infrastructure, support for office software, development or support of business management software/systems and/or web solutions, security and data protection) by own employees (including those employed in parent or affiliate enterprises), in the previous calendar year;

performance of ICT functions (such as maintenance of ICT infrastructure, support for office software, development or support of business management software/systems and/or web solutions, security and data protection) by external suppliers, in the previous calendar year;

(ii)

for enterprises which have recruited or tried to recruit ICT specialists in the previous calendar year:

vacancies for ICT specialists that were difficult to fill;

(iii)

for enterprises with vacancies that were difficult to fill, information about the following difficulties when trying to recruit ICT specialists in the previous calendar year:

(optional) difficulties to recruit ICT specialists due to lack of applications, in the previous calendar year;

(optional) difficulties to recruit ICT specialists due to applicants’ lack of relevant ICT related qualifications from education and/or training, in the previous calendar year;

(optional) difficulties to recruit ICT specialists due to applicants’ lack of relevant work experience, in the previous calendar year;

(optional) difficulties to recruit ICT specialists due to too high applicants’ salary expectations, in the previous calendar year.

(e)

barriers to the use of ICT, the internet and other electronic networks, e-commerce and e-business processes

(i)

for enterprises which have not performed big data analysis, either themselves or have not had big data analysis performed by another enterprise or organisation for the enterprise, in the previous calendar year, but have ever considered performing big data analysis, reasons for not performing big data analysis:

(optional) costs too high compared to the benefits;

(optional) insufficient human resources, knowledge, skills;

(optional) insufficient sources of big data, either from within or outside the enterprise, that would be needed to perform big data analysis;

(optional) insufficient ICT infrastructure;

(optional) difficulties in complying with privacy laws;

(optional) not a priority for the enterprise;

(optional) insufficient quality of the big data source(s);

(optional) big data analysis is not useful for the enterprise;

(optional) other factors.

(f)

access to and use of technologies providing the ability to connect to the internet or other networks from anywhere at any time (ubiquitous connectivity)

(i)

for enterprises with persons employed who have access to the internet for business purposes:

purchase of cloud computing services over the internet, excluding free-of-charge-services;

(ii)

for enterprises with persons employed who have access to the internet for business purposes and that purchased cloud computing services over the internet, purchase of:

email as a cloud computing service;

office software as a cloud computing service;

hosting the enterprise’s database(s) as a cloud computing service;

storage of files as a cloud computing service;

finance or accounting software applications as a cloud computing service;

Customer Relationship Management (CRM), software application for managing information about customers as a cloud computing service;

computing power to run software used by the enterprise as a cloud computing service.

(3)

The following background information shall be collected from all enterprises, or obtained from alternative sources:

the enterprise’s main economic activity in the previous calendar year;

the average number of persons employed in the previous calendar year;

the total value of turnover, excluding VAT, in the previous calendar year.

B.   COVERAGE

The characteristics specified in points (2) and (3) of Section A shall be collected for the following categories of enterprises:

(1)

economic activity: enterprises classified by the following NACE Rev. 2 categories:

NACE Rev. 2 category

Description

Section C

Manufacturing

Section D, E

Electricity, gas and steam and air conditioning supply, water supply, sewerage, waste management and remediation activities

Section F

Construction

Section G

Wholesale and retail trade; repair of motor vehicles and motorcycles

Section H

Transportation and storage

Section I

Accommodation and food service activities

Section J

Information and communication

Section L

Real estate activities

Divisions 69-74

Professional, scientific and technical activities

Section N

Administrative and support service activities

Group 95.1

Repair of computers and communication equipment;

(2)

enterprise size: enterprises with 10 or more persons employed. Enterprises with less than 10 persons employed may be covered optionally;

(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:

(1)

economic activity breakdown: according to the following NACE Rev. 2 aggregates:

NACE Rev. 2 aggregation

for possible calculation of national aggregates

10 + 11 + 12 + 13 + 14 + 15 + 16 + 17 + 18

19 + 20 + 21 + 22 + 23

24 + 25

26 + 27 + 28 + 29 + 30 + 31 + 32 + 33

35 + 36 + 37 + 38 + 39

41 + 42 + 43

45 + 46 + 47

47

49 + 50 + 51 + 52 + 53

55

58 + 59 + 60 + 61 + 62 + 63

68

69 + 70 + 71 + 72 + 73 + 74

77 + 78 + 79 + 80 + 81 + 82

26,1 + 26,2 + 26,3 + 26,4 + 26,8 + 46,5 + 58,2 + 61 + 62 + 63,1 + 95,1

NACE Rev. 2 aggregation

for possible calculation of European aggregates

10 + 11 + 12

13 + 14 + 15

16 + 17 + 18

26

27 + 28

29 + 30

31 + 32 + 33

45

46

55 + 56

58 + 59 + 60

61

62 + 63

77 + 78 + 80 + 81 + 82

79

95,1

(2)

size class breakdown: data shall be broken down according to the following size classes by number of persons employed:

Size class

10 or more persons employed

10 to 49 persons employed

50 to 249 persons employed

250 or more persons employed

Where covered, a breakdown of the data shall be provided in accordance with the following table:

Size class

0 to 9 persons employed (optional)

2 to 9 persons employed (optional)

0 to 1 persons employed (optional)

E.   PERIODICITY

The data stipulated in this Annex shall be provided once for 2020.

F.   DEADLINES FOR TRANSMISSION OF RESULTS

(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.

(2)

The metadata referred to in Article 6 of Regulation (EC) No 808/2004 (1) shall be sent to Eurostat by 31 May 2020.

(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.

(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

(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:

(a)

access to and use of ICTs by individuals and/or in households;

(b)

use of the internet and other electronic networks for different purposes by individuals and/or in households;

(c)

ICT security and trust;

(d)

barriers to the use of ICT and the internet

(e)

use of ICT by individuals to exchange information and services with governments and public administrations (e-government);

(2)

the following characteristics shall be collected:

(a)

access to and use of ICT by individuals and/or in households

(i)

for all households:

access to the internet at home (by any device);

(ii)

for households with internet access:

internet connection: fixed broadband connection;

internet connection: mobile broadband connection (via mobile phone network of at least 3G);

(optional) internet connection: dial-up access over normal telephone line or ISDN;

(optional) internet connection: mobile narrowband connection (via mobile phone network below 3G);

(b)

use of the internet for different purposes by individuals and/or in households

(i)

for all individuals:

most recent internet use, at any location, with any enabling device: in the last three months, between three months and a year ago, more than one year ago, never used the internet;

(ii)

for individuals who have used the internet in the last three months:

average frequency of internet use in the last three months: every day or almost every day, at least once a week (but not every day), less than once a week;

internet use (including via apps) in the last three months for private purposes for sending, receiving e-mails;

internet use (including via apps) in the last three months for private purposes for making calls (including video calls) over the internet;

internet use (including via apps) in the last three months for private purposes for participating in social networks (creating user profile, posting messages or other contributions);

internet use (including via apps) in the last three months for private purposes for using instant messaging (exchanging messages);

internet use (including via apps) in the last three months for private purposes for finding information about goods or services;

internet use (including via apps) in the last three months for private purposes for reading online news sites, newspapers or news magazines;

internet use (including via apps) in the last three months for private purposes for sharing or publishing self-created videos, photos, music, text etc. on a website or via an app;

internet use (including via apps) in the last three months for private purposes for listening to music (such as web radio, music streaming) or downloading music;

internet use (including via apps) in the last three months for private purposes for watching internet streamed TV (live or catch-up) from TV broadcasters;

internet use (including via apps) in the last three months for private purposes for watching Video on Demand from commercial services;

internet use (including via apps) in the last three months for private purposes for watching video content from sharing services;

internet use (including via apps) in the last three months for private purposes for playing or downloading games;

internet use (including via apps) in the last three months for private purposes for seeking health-related information (about matters such as injuries, diseases, nutrition, improving health);

internet use (including via apps) in the last three months for private purposes for making an appointment with a practitioner via a website or app (such as of a hospital or a health care centre);

internet use (including via apps) in the last three months for private purposes for accessing personal health records online;

internet use (including via apps) in the last three months for private purposes for using other health services via a website or app instead of having to go to the hospital or visit a doctor (such as getting a prescription or consultation online)

internet use (including via apps) in the last three months for private purposes for selling goods or services via a website or app;

internet use (including via apps) in the last three months for private purposes for internet banking via a website or app;

use of internet storage space (cloud computing) in the last three months for private purposes for saving documents, pictures, music, video or other files;

internet use in the last three months for conducting learning activities for educational, professional or private purposes, for doing an online course;

internet use in the last three months for conducting learning activities for educational, professional or private purposes, for using online learning material other than a complete online course;

internet use in the last three months for conducting learning activities for educational, professional or private purposes, for communicating with instructors or students using educational websites or portals;

(optional) internet use in the last three months for conducting other learning activities for educational, professional or private purposes;

use of internet-connected thermostat, utility meter, lights, plug-ins or other internet-connected solutions for energy management for the respondent’s home for private purposes;

use of internet-connected home alarm system, smoke detector, security cameras, door locks or other internet-connected security or safety solutions for the respondent’s home for private purposes;

use of internet-connected home appliances such as robot vacuums, fridges, ovens, coffee machines for private purposes;

use of a virtual assistant in the form of a smart speaker or of an app for private purposes;

internet-connected solutions for energy management, home security, safety solutions, home appliances or virtual assistants not used for private purposes;

internet use of an internet-connected TV in the respondent’s home for private purposes;

internet use of an internet-connected game console in the respondent’s home for private purposes;

internet use of an internet-connected home audio system or smart speakers in the respondent’s home for private purposes;

use of an internet-connected smart watch, fitness band, internet-connected goggles or headsets, safety-trackers, internet-connected accessories, internet-connected clothes or shoes for private purposes;

use of internet-connected devices for monitoring blood pressure, sugar level, body weight (such as smart scales) or other internet-connected devices for health and medical care for private purposes;

use of toys connected to the internet, such as robot toys (including educational) or dolls for private purposes;

use of a car with built-in wireless internet connection for private purposes;

(iii)

for individuals who have used the internet every day or almost every day in the last three months:

use of the internet several times during the day;

(iv)

for individuals who have used the internet in the last 12 months:

last purchase or order of goods or services over the internet (using websites or apps) for private use: in the last three months, between three months and a year ago, more than one year ago, never bought or ordered anything over the internet;

(v)

for individuals who have used the internet for internet commerce (buying or ordering goods or services) in the last three months:

internet use for buying clothes (including sport clothing), shoes or accessories (such as bags, jewellery) from enterprises or private persons (including used goods) via a website or app for private use in the last three months;

internet use for buying sports goods (excluding sport clothing) from enterprises or private persons (including used goods) via a website or app for private use in the last three months;

internet use for buying children toys or childcare items (such as nappies, bottles, baby strollers) via a website or app from enterprises or private persons (including used goods) for private use in the last three months;

internet use for buying furniture, home accessories (such as carpets or curtains) or gardening products (such as tools, plants) from enterprises or private persons (including used goods) for private use in the last three months;

internet use for buying music as CDs, vinyls etc. for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying films or series as DVDs, Blu-ray etc. for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying printed books, magazines or newspapers for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying computers, tablets, mobile phones or accessories for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying consumer electronics (such as TV-sets, stereos, cameras) or household appliances (such as washing machines) for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying medicine or dietary supplements such as vitamins (excluding online renewal of prescriptions) for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying deliveries from restaurants, fast-food chains, catering services for private use from enterprises or private persons in the last three months;

internet use for buying food or beverages from stores or from meal-kits providers for private use from enterprises or private persons in the last three months;

internet use for buying cosmetics, beauty or wellness products for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying cleaning products or personal hygiene products (such as toothbrushes, handkerchiefs, washing detergents, cleaning cloths) for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying bicycles, mopeds, cars or other vehicles or their spare parts for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying other physical goods for private use from enterprises or private persons (including used goods) in the last three months;

internet use for buying or subscribing to music as a streaming service or downloads via a website or app for private use in the last three months;

internet use for buying or subscribing to films or series as a streaming service or downloads via a website or app for private use in the last three months;

internet use for buying or subscribing to e-books, online-magazines or online-newspapers via a website or app for private use in the last three months;

internet use for buying or subscribing to games online or as downloads for smartphones, tablets, computers or consoles via a website or app for private use in the last three months;

internet use for buying or subscribing to computer software or other software as downloads including upgrades via a website or app for private use in the last three months;

internet use for buying or subscribing to apps related to health or fitness (excluding free apps) via a website or app for private use in the last three months;

internet use for buying or subscribing to other apps (such as related to learning languages, travelling, weather; excluding free apps) via a website or app for private use in the last three months;

internet use for buying tickets for sports events via a website or app for private use in the last three months;

internet use for buying tickets to cultural or other events (such as cinema, concerts, fairs) via a website or app for private use in the last three months;

internet use for buying subscriptions to the internet or mobile phone connections via a website or app for private use in the last three months;

internet use for buying subscriptions to electricity, water or heating supply, waste disposal or similar services via a website or app for private use in the last three months;

internet use for buying household services (such as cleaning, babysitting, repair work, gardening; also when bought from private persons) via a website or app for private use in the last three months;

internet use for buying transport services from a transport enterprise such as local bus, flight or train ticket or taxi ride via a website or app for private use in the last three months;

internet use for buying a transport service from a private person via a website or app for private use in the last three months;

internet use for renting accommodation from enterprises such as hotels or travel agencies via a website or app for private use in the last three months;

internet use for renting accommodation from a private person via a website or app for private use in the last three months;

(optional) internet use for buying services or content other than those mentioned in indents (17-32) of Annex II, Module 2 (2) (b) (v) (excluding financial and insurance services) via a website or app for private use in the last three months;

the number of times goods or services were bought over the internet in the last three months for private use: number of times or in classes: between 1 and 2 times, between 3 and 5 times, between 6 and 10 times, more than 10 times;

the total value of goods or services (excluding shares or other financial services) bought over the internet in the last three months for private use: amount in euro or in classes: less than EUR 50, EUR 50 to less than EUR 100, EUR 100 to less than EUR 300, EUR 300 to less than EUR 500, EUR 500 to less than EUR 700, EUR 700 to less than EUR 1000, EUR 1000 or more, unknown;

internet use for buying insurance policies, including travel insurance, also as a package together with, for example, a plane ticket for private purposes in the last three months;

internet use for taking a loan or mortgage or arranging credit from banks or other financial providers for private purposes in the last three months;

internet use for buying or selling shares, bonds, units in funds or other financial assets for private purposes in the last three months;

(vi)

for individuals who have used the internet to buy or order goods via a website or app from enterprises or private persons, including used goods, in the last three months:

origin: national sellers, sellers from other EU countries, sellers from the rest of the world, country of origin of the sellers is unknown;

goods ordered from private persons via a website or app;

(vii)

for individuals who have used the internet to buy household services via a website or app in the last three months:

household services bought from private persons via a website or app.

(c)

ICT security and trust

(i)

for individuals who have used the internet in the last three months:

carrying out the following to manage access to own personal data (such as name, date of birth, identity card number, contact details, credit card number, photos, geographical location) on the internet in the last three months: read privacy policy statements before providing personal data;

carrying out the following to manage access to own personal data (such as name, date of birth, identity card number, contact details, credit card number, photos, geographical location) on the internet in the last three months: restricted or refused access to own geographical location;

carrying out the following to manage access to own personal data (such as name, date of birth, identity card number, contact details, credit card number, photos, geographical location) on the internet in the last three months: limited access to profile or content on social networking sites or shared online storage;

carrying out the following to manage access to own personal data (such as name, date of birth, identity card number, contact details, credit card number, photos, geographical location) on the internet in the last three months: refused allowing the use of personal data for advertising purposes;

carrying out the following to manage access to own personal data (such as name, date of birth, identity card number, contact details, credit card number, photos, geographical location) on the internet in the last three months: checked that the website where the respondent provided personal data was secure (such as https sites, safety logo or certificate);

(optional) carrying out the following to manage access to own personal data (such as name, date of birth, identity card number, contact details, credit card number, photos, geographical location) on the internet in the last three months: asked websites or search engines administrator or provider to access the data they hold about the respondent to update or delete it;

knowledge that cookies can be used to trace movements of people on the internet, to make a profile of each user and service them tailored ads;

changing settings in own internet browser to prevent or limit cookies on any of the respondent’s devices;

(optional) concerns that online activities are recorded to provide the respondent with tailored advertising: very concerned, somehow concerned, not concerned;

use of software that limits the ability to track the individual’s activities on the internet on any of the respondent’s devices;

use of simple login with username and password as identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) for private purposes in the last three months;

use of social media login used for other services as identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) for private purposes in the last three months;

use of a security token as identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) for private purposes in the last three months;

use of an electronic identification certificate or card used for example with a card reader or with an app as identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) for private purposes in the last three months;

use of a procedure involving own mobile phone (a code received via a message) as identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) for private purposes in the last three months;

use of a single use pin code list (such as plastic card with codes, scratch codes) or random characters of a password as identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) for private purposes in the last three months;

use of other electronic identification procedure as identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) for private purposes in the last three months;

(optional) no electronic identification procedure for accessing online services via websites or apps (such as email, social media account, internet banking, public services, ordering or buying goods or services online) used for private purposes in the last three months;

use of a smartphone for private purposes;

(ii)

for individuals who have used the internet in the last three months and a smartphone for private purposes:

use of any kind of security software or service (such as antivirus, antispam or firewall) on own smartphone: automatically installed or provided with the operating system on the smartphone used for private purposes;

use of any kind of security software or service (such as antivirus, antispam or firewall) on own smartphone: installed or subscribed to it by the respondent or by somebody else on the smartphone used for private purposes;

no security software or service (such as antivirus, antispam or firewall) installed on the smartphone for private purposes;

not known if any kind of security software or service (such as antivirus, antispam or firewall) installed on the smartphone for private purposes;

loss of information, documents, pictures or other kind of data on the respondent’s smartphone as a result of a virus or other hostile type of programs for private purposes;

no loss of information, documents, pictures or other kind of data on the respondent’s smartphone as a result of a virus or other hostile type of programs for private purposes;

loss of information, documents, pictures or other kind of data on the respondent’s smartphone as a result of a virus or other hostile type of programs for private purposes, not known;

restriction or refusal of access to the personal data (such as location, contact list) at least once when using or installing an app on the smartphone used for private purposes;

no restriction or refusal of access to the personal data (such as location, contact list) when using or installing an app on the smartphone used for private purposes;

no awareness of the possibility to restrict or refuse access to the personal data (such as location, contact list) when using or installing an app on the smartphone used for private purposes;

no use of applications on the smartphone used for private purposes;

(iii)

for individuals who have not submitted completed forms online to public authorities’ websites or apps for private purposes in the last 12 months although there was a need to submit official forms, reasons for not submitting:

concerns about protection and security of personal data in the last 12 months;

(optional) lack of electronic signature or electronic ID/certificate (required for using the services) or problems in using the electronic signature or electronic ID/certificate;

(iv)

for individuals who have used the internet in the last three months and who have not used internet-connected devices or systems for energy management, internet-connected home security or safety solutions, internet-connected home appliances or virtual assistants, reasons for not using:

concerns about the privacy and protection of data about respondent generated by those devices or systems;

concerns about security, for example that the device or system will be hacked.

(d)

barriers to the use of ICT and the internet

(i)

for individuals who have used the internet in the last three months and who have not used internet-connected devices or systems for energy management, internet-connected home security or safety solutions, internet-connected home appliances or virtual assistants, reasons for not using:

respondent did not know such device or systems exist;

respondent had no need to use those connected devices or systems;

costs too high;

lack of compatibility with other devices or systems;

lack of skills to use those devices or systems;

concerns about safety or health, for example that the use of the device or system could lead to an accident, injury or health problem;

other reasons.

(e)

use of ICT by individuals to exchange information and services with governments and public administrations (e-government)

(i)

for individuals who have used the internet in the last 12 months:

internet use in the last 12 months for private purposes, for obtaining information from the websites or apps of public authorities or public services (manually typed e-mails should be excluded);

internet use in the last 12 months for private purposes, for downloading/printing official forms from the websites of public authorities or public services (manually typed e-mails should be excluded);

internet use in the last 12 months for private purposes, for submitting completed forms online to public authorities or public services (manually typed e-mails should be excluded);

(ii)

for individuals who have not submitted completed forms online to public authorities’ websites or apps for private purposes in the last 12 months:

did not submit completed forms because there was no need to submit any official forms for private purposes in the last 12 months;

(iii)

for individuals who have not submitted completed forms online to public authorities’ websites or apps for private purposes in the last 12 months, although there was a need to submit official forms, reasons for not submitting:

no such online service was available;

lack of skills or knowledge (for example respondent did not know how to use the website or it was too complicated to use);

(optional) unwillingness to pay online (for example due to fear of credit card fraud) or inability to pay online (for example due to lack of access to any of the payment methods required);

another person submitted completed forms online on the respondent’s behalf (such as a consultant, a tax adviser, a relative or family member);

other reason for not submitting completed forms online to public authorities.

B.   COVERAGE

(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.

(2)

The statistical units for the characteristics listed in point (2) of Section A that concern individuals are individuals aged 16 to 74.

(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

(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:

(a)

region of residence, specified according to the NUTS1 classification of regions;

(b)

(optional) region of residence specified according to the NUTS2 classification;

(c)

geographical location, i.e. whether living in a less developed region, a transition region or a more developed region;

(d)

degree of urbanisation, i.e. whether living in a densely populated area, in an intermediate density area or in a thinly populated area;

(e)

type of household, specifying the number of members in the household: (optional) the number of persons aged from 16 to 24, (optional) the number of students aged from 16 to 24 years, (optional) the number of persons aged 25 to 64 years, (optional) the number of persons aged 65 years or over and, to be collected separately, the number of children under 16, (optional) the number of children aged between 14 and 15, (optional) the number of children aged from 5 to 13 years, (optional) number of children aged 4 years or less;

(f)

(optional) household’s net monthly income, which is to be collected as a value or in size bands compatible with income quartiles;

(g)

(optional) equivalised household total net monthly income transmitted in quintiles.

(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:

(a)

the gender;

(b)

the country of birth, specifying whether the person is native-born or foreign-born; if the latter, also specifying whether the person was born in another EU Member State or in a country outside the EU;

(c)

country of citizenship, specifying whether the person is a national or a non-national; if the latter, also specifying whether the person is a national of another EU Member State or of a non-EU country;

(d)

age in completed years; (optional) under 16 or over 74, or both;

(e)

level of educational attainment, specifying the highest level of education successfully completed according to the International Standard Classification of Education (ISCED 2011) whether it is at most lower secondary education (ISCED 0, 1 or 2) or upper secondary and post-secondary non-tertiary education (ISCED 3 or 4), or tertiary education (ISCED 5, 6, 7 or 8), or less than primary education (ISCED 0) or primary education (ISCED 1) or lower secondary education (ISCED 2) or upper secondary education (ISCED 3) or post-secondary non-tertiary education (ISCED 4) or short-cycle tertiary education (ISCED 5) or bachelor or equivalent (ISCED 6) or master or equivalent (ISCED 7) or doctoral or equivalent (ISCED 8);

(f)

employment situation specifying whether person is an employee or self-employed, including family workers (optional: full-time employee or self-employed, part-time employee or self-employed, employee, employee with a permanent job or job of unlimited duration, employee with a temporary job or contract of limited duration, self-employed including family workers);

(g)

(optional) specify economic sector of employment:

NACE Rev. 2 sections

Description

A

Agriculture, forestry and fishing

B, C, D and E

Manufacturing, mining and quarrying and other industry

F

Construction

G, H and I

Wholesale and retail trade, transport, accommodation and food service activities

J

Information and communication

K

Financial and insurance activities

L

Real estate activities

M and N

Business services

O, P, and Q

Public administration, defence, education, human health and social work activities

R, S, T and U

Other service activities

(h)

employment situation, specifying whether person is unemployed or is a student not in the labour force or in any other way not in the labour force specifying optionally whether person is in retirement or early retirement or given up business, permanently disabled, in compulsory military or community service, fulfilling domestic tasks or is inactive for any other reason;

(i)

occupation according to the International Standard Classification of Occupations (ISCO-08) specifying whether person is classified as a manual worker, non-manual worker, ICT worker, non-ICT worker and, optionally, all occupations according to ISCO-08 coded at 2-digit level.

E.   PERIODICITY

The data stipulated in this Annex shall be provided once for 2020.

F.   DEADLINES FOR TRANSMISSION OF RESULTS

(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.

(2)

The metadata referred to in Article 6 of Regulation (EC) No 808/2004 shall be sent to Eurostat by 31 May 2020.

(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.

(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

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:

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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

Regulation No

Agenda item title

Document reference (1)

0

Proposal for Supplement 1 to the original series of UN Regulation No 0 (IWVTA)

ECE/TRANS/WP.29/2019/74

0

Proposal for Supplement 1 to the 01 series of UN Regulation No 0 (IWVTA)

ECE/TRANS/WP.29/2019/75

0

Proposal for a new 02 series of amendments to UN Regulation No 0 (IWVTA)

ECE/TRANS/WP.29/2019/76

16

Proposal for Supplement 12 to the 06 series of amendments to UN Regulation No 16 (Safety-belts)

ECE/TRANS/WP.29/2019/104

16

Proposal for Supplement 5 to the 07 series of amendments to UN Regulation No 16 (Safety-belts)

ECE/TRANS/WP.29/2019/105

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

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

21

Proposal for Supplement 4 the 01 series of amendments to UN Regulation No 21 (Interior fittings)

ECE/TRANS/WP.29/2019/106

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

43

Proposal for Supplement 9 to the 01 series of amendments to UN Regulation No 43 (Safety glazing)

ECE/TRANS/WP.29/2019/95

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

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

53

Proposal for a new 03 series of amendments to UN Regulation No 53

ECE/TRANS/WP.29/2019/80

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

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

55

Proposal for Supplement 8 to the 01 series of amendments to UN Regulation No 55 (Mechanical couplings)

ECE/TRANS/WP.29/2019/96

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

67

Proposal for the 03 series of amendments to UN Regulation No 67 (LPG vehicles)

ECE/TRANS/WP.29/2019/94

67

Proposal for Supplement 2 to the 02 series of amendments to UN Regulation No 67 (LPG vehicles)

ECE/TRANS/WP.29/2019/98

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

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

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

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

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

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

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

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

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

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

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

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

115

Proposal for Supplement 9 to UN Regulation No 115 (LPG and CNG retrofit systems)

ECE/TRANS/WP.29/2019/113

116

Proposal for Supplement 7 to UN Regulation No 116 (Anti-theft and alarm systems)

ECE/TRANS/WP.29/2019/102

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

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

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

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.


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.

(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.

(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


(1)   OJ L 81, 31.3.2016, p. 1.

(2)   OJ L 96, 29.3.2014, p. 251.

(3)   OJ L 189, 27.6.2014, p. 164.

(4)   OJ L 167, 22.6.1992, p. 17.

(5)   OJ L 96, 29.3.2014, p. 45.

(6)   OJ L 354, 28.12.2013, p. 90.

(7)   OJ L 94, 5.4.2008, p. 8.

(8)   OJ L 96, 29.3.2014, p. 309.

(9)   OJ L 153, 22.5.2014, p. 62.

(10)   OJ L 96, 29.3.2014, p. 79

(11)   OJ L 96, 29.3.2014, p. 357.

(12)   OJ L 117, 5.5.2017, p. 1.

(13)   OJ L 117, 5.5.2017, p. 176.

(14)   OJ L 81, 31.3.2016, p. 99.

(15)   OJ L 81, 31.3.2016, p. 51.

(16)   OJ L 157, 9.6.2006, p. 24.

(17)   OJ L 170, 30.6.2009, p. 1.

(18)   OJ L 88, 4.4.2011, p. 5.

(19)   OJ L 96, 29.3.2014, p. 107.

(20)   OJ L 96, 29.3.2014, p. 149.


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:

(a)

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

(b)

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

(c)

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

(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 ’.


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