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

Council Decision (EU) 2017/43 of 12 December 2016 on the position to be adopted, on behalf of the European Union, in the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, in relation to the update of Annexes XXI-A to XXI-P on regulatory approximation in the area of public procurement THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: (1) Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community, and their Member States of the one part, and Ukraine, of the other part OJ L 161, 29.5.2014, p. 3. (the Agreement), provides for the provisional application of the Agreement in part, as specified by the Union. (2) Article 1 of Council Decision 2014/668/EU Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1). specifies the provisions of the Agreement to be applied provisionally, including the provisions on public procurement, and Annex XXI to the Agreement. The provisional application of those provisions is effective from 1 January 2016. (3) Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement. (4) Several Union acts listed in Annexe XXI to the Agreement have been amended or repealed since the initialling of the Agreement on 30 March 2012. (5) Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement are to be revised regularly, beginning in the first even year following the entry into force of the Agreement. (6) It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis by amending certain deadlines. (7) It is therefore necessary to update Annex XXI in order to reflect the developments to the Union acquis listed therein, and revise the value thresholds for public procurement contracts provided for in Annex XXI-P to the Agreement. (8) Article 149 of the Agreement provides that the revision of the thresholds provided for in Annex XXI-P to the Agreement shall be adopted by decision of the Association Committee in Trade configuration.

(9) Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. (10) Article 1 of the Association Council Decision No 3/2014 Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4). delegates the power to update or amend the trade-related annexes of the Agreement to the Association Committee in Trade configuration, including Annex XXI pertaining to Chapter 8 (Public Procurement) of Title IV (Trade and trade-related matters). (11) It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to the update of Annex XXI to the Agreement to be adopted by the Association Committee in Trade configuration. (12) Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation and institutional capacity building. This roadmap shall comply with the phases and time schedules set out in Annex XXI-A to the Agreement. (13) Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation i.e. for the legislative approximation of the public procurement related legislation to the Union acquis. (14) It is therefore appropriate to establish the position to be adopted on behalf of the Union in relation to a favourable opinion regarding the comprehensive roadmap to be adopted by the Association Committee in Trade configuration, HAS ADOPTED THIS DECISION:

Article 1

1. The position to be adopted on behalf of the European Union in the Association Committee in Trade configuration established by Article 465 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (the Agreement), in relation to the update of Annex XXI of the Agreement shall be based on the draft Decision of that Committee, attached to this Decision.
2. Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council of the European Union.

Article 2

The position to be adopted on behalf of the Union within the Association Committee in Trade configuration established by Article 465 of the Agreement, in relation to the favourable opinion regarding the comprehensive roadmap shall be based on the draft Decision of that Committee referred to in Article 1(1).

Article 3

The Decisions of the Association Committee in Trade configuration shall be published in the Official Journal of the European Union after their adoption.

Article 4

This Decision shall enter into force on the date of its adoption. Done at Brussels, 12 December 2016. For the Council The President F. Mogherini DRAFT DECISION No 1/2016 OF THE EU-UKRAINE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION of … updating Annex XXI to the Association Agreement and giving a favourable opinion regarding the comprehensive roadmap on public procurement THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION, Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part OJ L 161, 29.5.2014, p. 3. (the Agreement), and in particular Article 149, Article 153 and Article 463 thereof, Whereas: (1) In accordance with Article 486 of the Agreement, parts of the Agreement, including provisions on public procurement, are applied provisionally as of 1 January 2016. (2) Article 149 of the Agreement provides that the value thresholds for public procurement contracts provided for in Annex XXI-P are to be revised regularly, beginning in the first even year following the entry into force of the Agreement and such revision is to be adopted by decision of the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement. (3) Article 153 of the Agreement provides that Ukraine is to ensure that its public procurement legislation is gradually made compatible with the relevant Union acquis, in line with the schedule provided in Annex XXI to the Agreement. (4) Several Union acts listed in Annex XXI to the Agreement have been recast or repealed and replaced by a new Union act since the initialling of the Agreement on 30 March 2012. In particular, the Union adopted and notified to Ukraine the following acts: (a) Directive 2014/23/EU of the European Parliament and of the Council 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). ; (b) Directive 2014/24/EU of the European Parliament and of the Council 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). ; (c) Directive 2014/25/EU of the European Parliament and of the Council Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). . (5) The above-mentioned Directives amended the value thresholds for public procurement contracts provided for in Annex XXI-P, which were subsequently amended by Commission Delegated Regulations (EU) 2015/2170 Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015 amending Directive 2014/24/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 5).

, (EU) 2015/2171 Commission Delegated Regulation (EU) 2015/2171 of 24 November 2015 amending Directive 2014/25/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 7). and (EU) 2015/2172 Commission Delegated Regulation (EU) 2015/2172 of 24 November 2015 amending Directive 2014/23/EU of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts (OJ L 307, 25.11.2015, p. 9). , respectively. (6) Article 463(3) of the Agreement provides that the Association Council shall have the power to update or amend the Annexes to the Agreement. (7) It is necessary to update Annex XXI to the Agreement in order to reflect the changes made to the Union acquis listed in that Annex, in accordance with Articles 149, 153 and 463 of the Agreement. (8) The new Union acquis on public procurement has a new structure. It is appropriate to reflect this new structure in Annex XXI. In the interest of clarity, Annex XXI should be updated in its entirety and replaced by the Annex as set out in the Appendix to this Decision. It is furthermore appropriate to take into account the progress made by Ukraine in the process of approximation to the Union acquis. (9) Article 465(2) of the Agreement specifies that the Association Council may delegate to the Association Committee in Trade configuration any of its powers, including the power to take binding decisions. (10) The EU-Ukraine Association Council empowered the Association Committee in Trade configuration in its Decision No 3/2014 Decision No 3/2014 of the EU-Ukraine Association Council of 15 December 2014 on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration [2015/980] (OJ L 158, 24.6.2015, p. 4). of 15 December 2014 to update or amend certain trade-related annexes. (11) Article 152(1) of the Agreement stipulates that Ukraine shall submit to the Association Committee in Trade configuration a comprehensive roadmap for the implementation of the legislation related to public procurement with time schedules and milestones which should include all reforms in terms of legislative approximation to the Union acquis. (12) Article 152(3) specifies that a favourable opinion by the Association Committee in Trade configuration is needed in order for the comprehensive roadmap to become a reference document for the process of implementation, namely for the legislative approximation of the public procurement related legislation to the Union acquis. (13) It is therefore appropriate for the Association Committee in Trade configuration to adopt a decision giving favourable opinion regarding the comprehensive roadmap, HAS ADOPTED THIS DECISION:

Article 1

Annex XXI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and Ukraine, of the other part, is hereby replaced by the updated version of the Annex, which is attached to this Decision.

Article 2

A favourable opinion is given regarding the comprehensive roadmap approved by the Ordinance of the Cabinet of Ministers of Ukraine of 24 February 2016 (number 175-p) adopted by the government of Ukraine on 24 February 2016.

Article 3

This Decision shall enter into force on the date of its adoption. Done at …, For the Association Committee in Trade configuration The Chair

Annex

ANNEX XXI-A TO CHAPTER 8 INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, LEGISLATIVE APPROXIMATION AND MARKET ACCESS PhaseIndicative time scheduleMarket access granted to the EU by UkraineMarket access granted to Ukraine by the EU1. Implementation of Articles 150(2) and 151 of this Agreement Agreement of the Reform Strategy set out in Article 152 of this Agreement 6 months after the entry into force of this AgreementSupplies for central government authoritiesSupplies for central government authorities2.Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EEC3 years after the entry into force of this AgreementSupplies for state, regional and local authorities and bodies governed by public lawSupplies for state, regional and local authorities and bodies governed by public lawAnnexes XXI-B and XXI-C3.Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC4 years after the entry into force of this AgreementSupplies for all contracting entities in the utilities sectorSupplies for all contracting entitiesAnnexes XXI-D and XXI-E4.Approximation and implementation of other elements of Directive 2014/24/EU. Approximation and implementation of Directive 2014/23/EU6 years after the entry into force of this AgreementService and works contracts and concessions for all contracting authoritiesService and works contracts and concessions for all contracting authoritiesAnnexes XXI-F, XXI-G, and XXI-H5.Approximation and implementation of other elements of Directive 2014/25/EU8 years after the entry into force of this AgreementService and works contracts for all contracting entities in the utilities sectorService and works contracts for all contracting entities in the utilities sectorAnnexes XXI-I and XXI-J

Annex

ANNEX XXI-B TO CHAPTER 8 BASIC ELEMENTS OF DIRECTIVE 2014/24/EU of 26 February 2014 on public procurement (Phase 2) TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions Section 1 Subject-matter and definitions

Article 76 Principles of awarding contracts ANNEXES ANNEX II LIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1) ANNEX III LIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCE ANNEX IV REQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTS ANNEX V INFORMATION TO BE INCLUDED IN NOTICES Part A: INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE Part B: INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES (as referred to in Article 48) Part C: INFORMATION TO BE INCLUDED IN CONTRACT NOTICES (as referred to in Article 49) Part D: INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES (as referred to in Article 50) Part G: INFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONTRACT DURING ITS TERM (as referred to in Article 72(1)) Part H: INFORMATION TO BE INCLUDED IN CONTRACT NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) Part I: INFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(1)) Part J: INFORMATION TO BE INCLUDED IN CONTRACT AWARD NOTICES CONCERNING CONTRACTS FOR SOCIAL AND OTHER SPECIFIC SERVICES (as referred to in Article 75(2)) ANNEX VII DEFINITION OF CERTAIN TECHNICAL SPECIFICATIONS ANNEX IX CONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54 ANNEX X LIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2) ANNEX XII MEANS OF PROOF OF SELECTION CRITERIA ANNEX XIV SERVICES REFFERED TO IN ARTICLE 74

Annex

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

Article 2f Time limits

Annex

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

Article 93 Principles of awarding contracts ANNEXES ANNEX I List of activities as set out in point (a) of point 2 of Article 2 ANNEX V Requirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contests ANNEX VI A Information to be included in the periodic indicative notice (as referred to in Article 67) ANNEX VI B Information to be included in notices of publication of a periodic indicative notice on a buyer profile not used as a means of calling for competition (as referred to in Article 67(1)) ANNEX VIII Definition of certain technical specifications ANNEX IX Features concerning publication ANNEX X Information to be included in the notice on the existence of a qualification system (as referred to in point (b) of Article 44(4) and in Article 68) ANNEX XI Information to be included in contract notices (as referred to in Article 69) ANNEX XII Information to be included in the contract award notice (as referred to in Article 70) ANNEX XIII Contents of the invitation to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74 ANNEX XIV List of International Social and Environmental Conventions referred to in Article 36(2) ANNEX XVI Information to be included in notices of modifications of a contract during its term (as referred to in Article 89(1)) ANNEX XVII Services referred to in Article 91 ANNEX XVIII Information to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)

Annex

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

Article 2f Time limits

Annex

ANNEX XXI-F TO CHAPTER 8 I. OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU (Phase 4) The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions Section 1 Subject-matter and definitions

Article 77 Reserved contracts for certain services II. NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU (Phase 4) The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B TITLE I Subject matter, scope, principles and definitions CHAPTER I Scope, general principles and definitions Section IV Specific situations

Article 24 Reserved Concessions

Annex

ANNEX XXI-G TO CHAPTER 8 I. OTHER MANDATORY ELEMENTS OF DIRECTIVE 2014/24/EU (Phase 4) TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions Section 1 Subject-matter and definitions

Article 82 Decisions of the jury ANNEXES ANNEX V INFORMATION TO BE INCLUDED IN NOTICES Part E: INFORMATION TO BE INCLUDED IN DESIGN CONTEST NOTICES (as referred to in Article 79(1)) Part F: INFORMATION TO BE INCLUDED IN NOTICES OF THE RESULTS OF A CONTEST (as referred to in Article 79(2)) ANNEX VI INFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4)) II. MANDATORY ELEMENTS OF DIRECTIVE 2014/23/EU (Phase 4) TITLE I Subject matter, scope, principles and definitions CHAPTER I Scope, general principles and definitions Section I Subject-matter, scope, general principles, definitions and threshold

Article 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

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

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

Annex

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

Article 98 Decision of the jury ANNEXES ANNEX VII Information to be included in the procurement documents relating to electronic auctions (Article 53(4)) ANNEX XIX Information to be included in the design contest notice (as referred to in Article 96(1)) ANNEX XX Information to be included in the results of design contest notices (as referred to in Article 96(1)) II. OTHER NON-MANDATORY ELEMENTS OF DIRECTIVE 2014/25/EU The further elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. Ukraine may approximate these elements within the time-frame set in Annex XXI-B. TITLE I Scope, definitions and general principles CHAPTER I Subject-matter and definitions

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

Annex

ANNEX XXI-K TO CHAPTER 8 I. PROVISIONS OF DIRECTIVE 2014/24/EU OUTSIDE THE SCOPE OF APPROXIMATION The elements of Directive 2014/24/EU listed in this Annex are not subject to the process of approximation. TITLE I Scope, definitions and general principles CHAPTER I Scope and definitions Section 1 Subject-matter and definitions

Article 94 Addressees ANNEXES ANNEX I CENTRAL GOVERNMENT AUTHORITIES ANNEX VIII FEATURES CONCERNING PUBLICATION ANNEX XI REGISTERS ANNEX XIII LIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3) ANNEX XV CORRELATION TABLE II. PROVISIONS OF DIRECTIVE 2014/23/EU OUTSIDE THE SCOPE OF APPROXIMATION The elements of Directive 2014/23/EU listed in this Annex are not subject to the process of approximation. TITLE I Subject matter, scope, principles and definitions CHAPTER I Scope, general principles and definitions Section I Subject-matter, scope, general principles, definitions and threshold

Article 55 Addressees

Annex

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

Article 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

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

Article 12a Review

Annex

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

1. Training, in Ukraine and EU countries, of Ukrainian officials from government bodies engaged in public procurement;
2. Training of suppliers interested participating in public procurement;
3. Exchange of information and experience on best practice and regulatory rules in the sphere of public procurement;
4. Enhancement of the functionality of the public procurement website and establishment of a system of public procurement monitoring;
5. Consultations and methodological assistance from the EU Party in application of modern electronic technologies in the sphere of public procurement;
6. Strengthening the bodies charged with guaranteeing a coherent policy in all areas related to public procurement and the independent and impartial consideration (review) of contracting authorities' decisions. (Cf. Article 150 paragraph 2 of this Agreement)

Annex

ANNEX XXI-P TO CHAPTER 8 THRESHOLDS

1. The value thresholds mentioned in Article 149(3) of this Agreement shall be for both Parties: (a) EUR 135000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities; (b) EUR 209000 in the case of public supply and public service contracts not covered by point (a); (c) EUR 5225000 in the case of public works contracts; (d) EUR 5225000 in the case of works contracts in the utilities sector; (e) EUR 5225000 in the case of concessions; (f) EUR 418000 in the case of supply and service contracts in the utilities sector; (g) EUR 750000 for public service contracts for social and other specific services; (h) EUR 1000000 for service contracts for social and other specific services in the utilities sector.
2. The EUR thresholds quoted in paragraph 1 shall be adapted to reflect the thresholds applicable under the EU Directives at the moment of the entry into force of this Agreement.