Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement

Council Decision (EU) 2018/1303 of 18 September 2018 on the position to be taken on behalf of the European Union within the Association Committee in Trade configuration established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: (1) The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part OJ L 261, 30.8.2014, p. 4. (the Agreement) was concluded by the Union by Council Decision (EU) 2016/838 Council Decision (EU) 2016/838 of 23 May 2016 on the conclusion, on behalf of the European Union, 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 (OJ L 141, 28.5.2016, p. 26). and entered into force on 1 July 2016. (2) Pursuant to Article 406(3) of the Agreement, the Association Council has the power to update or amend the Annexes to the Agreement. (3) Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. (4) Pursuant to Article 1 of the Decision No 3/2014 of the Association Council Decision No 3/2014 of the EU-Georgia 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] (OJ L 321, 5.12.2015, p. 72.). , the Association Council delegated the power to update or amend the Annexes to the Agreement which relate inter alia to Chapter 3 (Technical barriers to trade, standardisation, metrology, accreditation and conformity assessment) and Chapter 8 (Public Procurement) of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, to the extent that there are no specific provisions in Chapter 3 and Chapter 8 relating to the update or the amendment of those Annexes. (5) Pursuant to Article 47(1) of the Agreement, Annex III-A to the Agreement may be amended by a decision of the Association Committee in Trade configuration. (6) Several Union acts listed in Annex III and Annex XVI to the Agreement have been amended or repealed since the conclusion of negotiations of the Agreement. It is necessary to update those Annexes by adding a number of acts that implement, amend, supplement or replace the measures listed therein.

(7) It is therefore appropriate to establish the position to be taken on behalf of the Union in the Association Committee in Trade configuration with regard to the envisaged adoption of decisions regarding the update of Annex III (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology, and Annex XVI (Public Procurement) to the Agreement. (8) It is appropriate to publish in the Official Journal of the European Union, after their adoption, the decisions of the Association Committee in Trade configuration updating Annex III and Annex XVI to the Agreement. (9) In the Association Committee in Trade configuration, the Union is to be represented by the Commission in accordance with Article 17(1) of the Treaty on European Union, HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf within the Association Committee in Trade configuration shall be based on the following draft Decisions of the Association Committee in Trade configuration attached to this Decision: (a) Decision No 1/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex III to the Agreement (Approximation) concerning rules applicable to standardisation, accreditation, conformity assessment, technical regulation and metrology; (b) Decision No 2/2018 of the EU-Georgia Association Committee in Trade configuration updating Annex XVI to the Agreement (public procurement).

Article 2

After their adoption, the Decisions of the Association Committee in Trade configuration referred to in Article 1 shall be published in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Commission. Done at Brussels, 18 September 2018. For the Council The President G. Blümel DRAFT DECISION No 1/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION of … 2018 updating Annex III-A to the Association Agreement THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION, Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and 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 …, For the Association Committee in Trade configuration The Chair

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ANNEX .

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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. OJ L 81, 31.3.2016, p. 1. OJ L 96, 29.3.2014, p. 251. OJ L 189, 27.6.2014, p. 164. OJ L 167, 22.6.1992, p. 17. OJ L 96, 29.3.2014, p. 45. OJ L 354, 28.12.2013, p. 90. OJ L 94, 5.4.2008, p. 8. OJ L 96, 29.3.2014, p. 309. OJ L 153, 22.5.2014, p. 62. OJ L 96, 29.3.2014, p. 79. OJ L 96, 29.3.2014, p. 357. OJ L 117, 5.5.2017, p. 1. OJ L 117, 5.5.2017, p. 176. OJ L 81, 31.3.2016, p. 99. OJ L 81, 31.3.2016, p. 51. OJ L 157, 9.6.2006, p. 24. OJ L 170, 30.6.2009, p. 1. OJ L 88, 4.4.2011, p. 5. OJ L 96, 29.3.2014, p. 107. OJ L 96, 29.3.2014, p. 149.

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 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) 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) 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 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)

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 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 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) 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 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) 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) 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 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 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 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 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)

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 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 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) 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) Timetable: within eight years of the entry into force of this Agreement DRAFT DECISION No 2/2018 OF THE EU-GEORGIA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION of … 2018 updating Annex XVI to the Association Agreement THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION, Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and 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 OJ L 321, 5.12.2015, p. 72. , 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 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 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 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. . (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 …, For the Association Committee in Trade configuration The Chair

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ANNEX .

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ANNEX XVI PUBLIC PROCUREMENT

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ANNEX XVI-A THRESHOLDS The value thresholds mentioned in Article 142(3) of this Agreement shall be for both Parties: (a) EUR 144000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities; (b) EUR 221000 in the case of public supply and public service contracts not covered by point (a); (c) EUR 5548000 in the case of public works contracts; (d) EUR 5548000 in the case of works contracts in the utilities sector; (e) EUR 5548000 in the case of concessions; (f) EUR 443000 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.

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ANNEX XVI-B INDICATIVE TIME SCHEDULE FOR INSTITUTIONAL REFORM, APPROXIMATION AND MARKET ACCESS PhaseIndicative time scheduleMarket access granted to the EU by GeorgiaMarket access granted to Georgia by the EU1 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 AgreementSupplies for central government authoritiesSupplies for central government authorities2Approximation and implementation of basic elements of Directive 2014/24/EU and of Directive 89/665/EECFive 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 XVI-C and XVI-D3Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EECSix years after the entry into force of this AgreementSupplies for all contracting entities in the utilities sectorSupplies for all contracting entitiesAnnexes XVI-E and XVI-F4Approximation and implementation of other elements of Directive 2014/24/EU and of Directive 2014/23/EUSeven 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 XVI-G, XVI-H, and XVI-I

5Approximation and implementation of other elements of Directive 2014/25/EUEight 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 XVI-J and XVI-K

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ANNEX XVI-C BASIC ELEMENTS OF 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. (Phase 2) TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER IScope and definitionsSection 1Subject-matter and definitionsArticle 1Subject-matter and scope: paragraphs 1, 2, 5 and 6Article 2Definitions: paragraph 1, points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24)Article 3Mixed procurementSection 2ThresholdsArticle 4Threshold amountsArticle 5Methods for calculating the estimated value of procurementSection 3ExclusionsArticle 7Contracts in the water, energy, transport and postal services sectorsArticle 8Specific exclusions in the field of electronic communicationsArticle 9Public contracts awarded and design contests organised pursuant to international rulesArticle 10Specific exclusions for service contractsArticle 11Service contracts awarded on the basis of an exclusive rightArticle 12Public contracts between entities within the public sectorSection 4Specific situationsSubsection 1:Subsidised contracts and research and development servicesArticle 13Contracts subsidised by contracting authoritiesArticle 14Research and development servicesSubsection 2:Procurement involving defence and security aspectsArticle 15Defence and securityArticle 16Mixed procurement involving defence or security aspectsArticle 17Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rulesCHAPTER IIGeneral RulesArticle 18Principles of procurementArticle 19Economic operators

Article 21ConfidentialityArticle 22Rules applicable to communication: paragraphs 2-6Article 23NomenclaturesArticle 24Conflicts of interestTITLE IIRULES ON PUBLIC CONTRACTSCHAPTER IProceduresArticle 26Choice of procedures: paragraphs 1, 2, first alternative of paragraph 4, 5, 6Article 27Open procedureArticle 28Restricted procedureArticle 29Competitive procedure with negotiationArticle 32Use of the negotiated procedure without prior publicationCHAPTER IIIConduct of the procedureSection 1PreparationArticle 40Preliminary market consultationsArticle 41Prior involvement of candidates or tenderersArticle 42Technical specificationsArticle 43LabelsArticle 44Test reports, certification and other means of proof: paragraphs 1, 2Article 45VariantsArticle 46Division of contracts into lotsArticle 47Setting time limitsSection 2Publication and transparencyArticle 48Prior information noticesArticle 49Contract noticesArticle 50Contract award notices: paragraphs 1 and 4Article 51Form and manner of publication of notices: first subparagraph of paragraph 1, first subparagraph of paragraph 5Article 53Electronic availability of procurement documentsArticle 54Invitations to candidatesArticle 55Informing candidates and tenderersSection 3Choice of participants and award of contractsArticle 56General principlesSubsection 1:Criteria for qualitative selectionArticle 57Exclusion groundsArticle 58Selection criteriaArticle 59European Single Procurement Document: paragraph 1 mutatis mutandis, paragraph 4Article 60Means of proofArticle 62Quality assurance standards and environmental management standards: paragraphs 1 and 2Article 63Reliance on the capacities of other entitiesSubsection 2:Reduction of numbers of candidates, tenders and solutionsArticle 65Reduction of the number of otherwise qualified candidates to be invited to participateArticle 66Reduction of the number of tenders and solutions Subsection 3:Award of the contractArticle 67Contract award criteriaArticle 68Life-cycle costing: paragraphs 1 and 2Article 69Abnormally low tenders: paragraphs 1-4CHAPTER IVContract performanceArticle 70Conditions for performance of contractsArticle 71SubcontractingArticle 72Modification of contracts during their termArticle 73Termination of contractsTITLE IIIPARTICULAR PROCUREMENT REGIMESCHAPTER ISocial and other specific servicesArticle 74Award of contracts for social and other specific servicesArticle 75Publication of noticesArticle 76Principles of awarding contractsANNEXESANNEX IILIST OF THE ACTIVITIES REFFERED TO IN POINT 6(a) OF ARTICLE 2(1)ANNEX IIILIST OF PRODUCTS REFFERED TO IN ARTICLE 4(b) WITH REGARD TO CONTRACTS AWARDED BY CONTRACTING AUTHORITIES IN THE FIELD OF DEFENCEANNEX IVREQUIREMENTS RELATING TO TOOLS AND DEVICES FOR THE ELECTRONIC RECEIPT OF TENDERS, REQUESTS FOR PARTICIPATION AS WELL AS PLANS AND PROJECTS IN CONTESTSANNEX VINFORMATION TO BE INCLUDED IN NOTICESPart A:INFORMATION TO BE INCLUDED IN NOTICES OF THE PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILEPart 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 VIIDEFINITION OF CERTAIN TECHNICAL SPECIFICATIONSANNEX IXCONTENTS OF THE INVITATIONS TO SUBMIT A TENDER, TO PARTICIPATE IN THE DIALOGUE OR TO CONFIRM INTEREST PROVIDED FOR UNDER ARTICLE 54ANNEX XLIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 18(2)ANNEX XIIMEANS OF PROOF OF SELECTION CRITERIAANNEX XIVSERVICES REFFERED TO IN ARTICLE 74

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ANNEX XVI-D BASIC ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts. as amended by Directive 2007/66/EC of the European Parliament and of the Council 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. and 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. 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. (Phase 2)

Article 1Scope and availability of review proceduresArticle 2Requirements for review proceduresArticle 2aStandstill periodArticle 2bDerogations from the standstill periodPoint (b) of the first paragraphArticle 2cTime limits for applying for reviewArticle 2dIneffectivenessPoint (b) of paragraph 1Paragraph 2 and 3Article 2eInfringements of this Directive and alternative penaltiesArticle 2fTime limits

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ANNEX XVI-E BASIC ELEMENTS OF 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. (Phase 3) TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER ISubject-matter and definitionsArticle 1Subject-matter and scope: paragraphs 1, 2, 5 and 6Article 2Definitions: points 1-9, 13-16 and 18-20Article 3Contracting authorities (paragraphs 1 and 4)Article 4Contracting entities: paragraphs 1-3Article 5Mixed procurement covering the same activityArticle 6Procurement covering several activitiesCHAPTER IIActivitiesArticle 7Common provisionsArticle 8Gas and heatArticle 9ElectricityArticle 10WaterArticle 11Transport services

Article 12Ports and airportsArticle 13Postal servicesArticle 14Extraction of oil and gas and exploration for, or extraction of, coal or other solid fuelsCHAPTER IIIMaterial scopeSection 1ThresholdsArticle 15Threshold amountsArticle 16Methods for calculating the estimated value of procurement: paragraph 1-4 and 7-14Section 2Excluded contracts and design contests; special provisions for procurement involving defence and security aspectsSubsection 1:Exclusions applicable to all contracting entities and special exclusions for the water and energy sectorsArticle 18Contracts awarded for purposes of resale or lease to third parties: paragraph 1Article 19Contracts 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 1Article 20Contracts awarded and design contests organised pursuant to international rulesArticle 21Specific exclusions for service contractsArticle 22Service contracts awarded on the basis of an exclusive rightArticle 23Contracts awarded by certain contracting entities for the purchase of water and for the supply of energy or of fuels for the production of energySubsection 2:Procurement involving defence and security aspectsArticle 24Defence and securityArticle 25Mixed procurement covering the same activity and involving defence or security aspectsArticle 26Procurement covering several activities and involving defence or security aspectsArticle 27Contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rulesSubsection 3:Special relations (cooperation, affiliated undertakings and joint ventures)Article 28Contracts between contracting authoritiesArticle 29Contracts awarded to an affiliated undertakingArticle 30Contracts awarded to a joint venture or to a contracting entity forming part of a joint ventureSubsection 4:Specific situationsArticle 32Research and development servicesCHAPTER IVGeneral principlesArticle 36Principles of procurementArticle 37Economic operatorsArticle 39ConfidentialityArticle 40Rules applicable to communicationArticle 41NomenclaturesArticle 42Conflicts of interestTITLE IIRULES APPLICABLE TO CONTRACTSCHAPTER IProceduresArticle 44Choice of procedures: paragraphs 1, 2, 4Article 45Open procedureArticle 46Restricted procedure

Article 47Negotiated procedure with prior call for competitionArticle 50Use of the negotiated procedure without prior call for competition: points (a) – (i)CHAPTER IIIConduct of the procedureSection 1PreparationArticle 58Preliminary market consultationsArticle 59Prior involvement of candidates or tenderersArticle 60Technical specificationsArticle 61LabelsArticle 62Test reports, certification and other means of proofArticle 63Communication of technical specificationsArticle 64VariantsArticle 65Division of contracts into lotsArticle 66Setting time limitsSection 2Publication and transparencyArticle 67Periodic indicative noticesArticle 68Notices on the existence of a qualification systemArticle 69Contract noticesArticle 70Contract award notices: paragraphs 1, 3, 4Article 71Form and manner of publication of notices: paragraph 1, first subparagraph of paragraph 5Article 73Electronic availability of procurement documentsArticle 74Invitations to candidatesArticle 75Informing applicants for qualification, candidates and tenderersSection 3Choice of participants and award of contractsArticle 76General principlesSubsection 1:Qualification and qualitative selectionArticle 78Criteria for qualitative selectionArticle 79Reliance on the capacities of other entities: paragraph 2Article 80Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EUArticle 81Quality assurance standards and environmental management standards: paragraphs 1, 2Subsection 2:Award of the contractArticle 82Contract award criteriaArticle 83Life-cycle costing: paragraphs 1 and 2Article 84Abnormally low tenders: paragraphs 1-4CHAPTER IVContract performanceArticle 87Conditions for performance of contractsArticle 88SubcontractingArticle 89Modification of contracts during their termArticle 90Termination of contractsTITLE IIIPARTICULAR PROCUREMENT REGIMESCHAPTER ISocial and other specific servicesArticle 91Award of contracts for social and other specific services

Article 92Publication of noticesArticle 93Principles of awarding contractsANNEXESANNEX IList of activities as set out in point (a) of point 2 of Article 2ANNEX VRequirement relating to tools and devices for the electronic receipt of tenders, requests to participate, applications for qualification as well as plans and projects in contestsANNEX VIPart AInformation to be included in the periodic indicative notice (as referred to in Article 67)Part BInformation 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 VIIIDefinition of certain technical specificationsANNEX IXFeatures concerning publicationANNEX XInformation 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 XIInformation to be included in contract notices (as referred to in Article 69)ANNEX XIIInformation to be included in the contract award notice (as referred to in Article 70)ANNEX XIIIContents of the invitations to submit a tender, to participate in the dialogue, to negotiate or to confirm interest provided for under Article 74ANNEX XIVList of International Social and Environmental Conventions referred to in Article 36(2)ANNEX XVIInformation to be included in notices of modifications of a contract during its term (as referred to in Article 89(1))ANNEX XVIIServices referred to in Article 91ANNEX XVIIIInformation to be included in notices concerning contracts for social and other specific services (as referred to in Article 92)

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ANNEX XVI-F BASIC ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors. as amended by Directive 2007/66/EC of the European Parliament and of the Council 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. and 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. 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. (Phase 3)

Article 2dIneffectivenessPoint (b) of paragraph 1Paragraphs 2 and 3Article 2eInfringements of this Directive and alternative penaltiesArticle 2fTime limits

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ANNEX XVI-G (Phase 4) I. OTHER NON-MANDATORY ELEMENTS OF 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. 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 ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER IScope and definitionsSection 1Subject-matter and definitionsArticle 2Definitions (paragraph 1, points (14) and (16))CHAPTER IIGeneral rulesArticle 20Reserved contractsTITLE IIRULES ON PUBLIC CONTRACTSCHAPTER IITechniques and instruments for electronic and aggregated procurementArticle 37Centralised purchasing activities and central purchasing bodiesCHAPTER IIIConduct of the procedureSection 3Choice of participants and award of contractsSubsection 1:Criteria for qualitative selectionArticle 64Official lists of approved economic operators and certification by bodies established under public or private lawTITLE IIIPARTICULAR PROCUREMENT REGIMESCHAPTER ISocial and other specific servicesArticle 77Reserved contracts for certain services II. NON-MANDATORY ELEMENTS OF 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. 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 ISUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONSCHAPTER IScope, general principles and definitionsSection IVSpecific situationsArticle 24Reserved concessions

Annex

ANNEX XVI-H (Phase 4) I. OTHER MANDATORY ELEMENTS OF 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. TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER IScope and definitionsSection 1Subject-matter and definitionsArticle 2Definitions (paragraph 1 point (21))CHAPTER IIGeneral rulesArticle 22Rules applicable to communication: paragraph 1TITLE IIRULES ON PUBLIC CONTRACTSCHAPTER IProceduresArticle 26Choice of procedures: paragraph 3, second alternative of paragraph 4Article 30Competitive dialogueArticle 31Innovation PartnershipCHAPTER IITechniques and instruments for electronic and aggregated procurementArticle 33Framework agreementsArticle 34Dynamic purchasing systemsArticle 35Electronic auctionsArticle 36Electronic cataloguesArticle 38Occasional joint procurementCHAPTER IIIConduct of the procedureSection 2Publication and TransparencyArticle 50Contract award notices: paragraphs 2 and 3TITLE IIIPARTICULAR PROCUREMENT REGIMESCHAPTER IIRules governing design contestsArticle 78ScopeArticle 79NoticesArticle 80Rules on the organisation of design contests and the selection of participantsArticle 81Composition of the juryArticle 82Decisions of the juryANNEXESANNEX VINFORMATION TO BE INCLUDED IN NOTICESPart 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 VIINFORMATION TO BE INCLUDED IN THE PROCUREMENT DOCUMENTS RELATING TO ELECTRONIC AUCTIONS (ARTICLE 35(4))

Article 2Principle of free administration by public authoritiesArticle 3Principle of equal treatment, non-discrimination and transparencyArticle 4Freedom to define services of general economic interestArticle 5DefinitionsArticle 6Contracting authorities: paragraphs 1 and 4Article 7Contracting entitiesArticle 8Threshold and methods for calculating the estimated value of concessionsSection IIExclusionsArticle 10Exclusions applicable to concessions awarded by contracting authorities and contracting entitiesArticle 11Specific exclusions in the field of electronic communicationsArticle 12Specific exclusions in the field of waterArticle 13Concessions awarded to an affiliated undertakingArticle 14Concessions awarded to a joint venture or to a contracting entity forming part of a joint ventureArticle 17Concessions between entities within the public sectorSection IIIGeneral provisionsArticle 18Duration of the concessionArticle 19Social and other specific servicesArticle 20Mixed contractsArticle 21Mixed procurement contracts involving defence or security aspectsArticle 22Contracts covering both activities referred to in Annex II and other activitiesArticle 23Concessions covering both activities referred to in Annex II and activities involving defence or security aspectsSection IVSpecific situationsArticle 25Research and development servicesCHAPTER IIPrinciplesArticle 26Economic operatorsArticle 27NomenclaturesArticle 28ConfidentialityArticle 29Rules applicable to communicationTITLE IIRULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEESCHAPTER IGeneral principlesArticle 30General principles: paragraphs 1, 2 and 3Article 31Concession noticesArticle 32Concession award noticesArticle 33Form and manner of publication of notices: first subparagraph of paragraph 1Article 34Electronic availability of concession documentsArticle 35Combating corruption and preventing conflicts of interestCHAPTER IIProcedural guaranteesArticle 36Technical and functional requirementsArticle 37Procedural guaranteesArticle 38Selection of and qualitative assessment of candidatesArticle 39Time limits for receipt of applications and tenders for the concession

Article 40Provision of information to candidates and tenderersArticle 41Award criteriaTITLE IIIRULES ON PERFORMANCE OF CONCESSIONSArticle 42SubcontractingArticle 43Modification of contracts during their termArticle 44Termination of concessionsArticle 45Monitoring and ReportingANNEXESANNEX ILIST OF THE ACTIVITIES REFERRED TO IN POINT (7) OF ARTICLE 5ANNEX IIACTIVITIES EXERCISED BY CONTRACTING ENTITIES AS REFERRED TO IN ARTICLE 7ANNEX IIILIST OF LEGAL ACTS OF THE UNION REFERRED TO IN POINT (B) OF ARTICLE 7(2)ANNEX IVSERVICES REFERRED TO IN ARTICLE 19ANNEX VINFORMATION TO BE INCLUDED IN CONCESSION NOTICES REFERRED TO IN ARTICLE 31ANNEX VIINFORMATION TO BE INCLUDED IN PRIOR INFORMATION NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 31(3)ANNEX VIIINFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES, AS REFERRED TO IN ARTICLE 32ANNEX VIIIINFORMATION TO BE INCLUDED IN CONCESSION AWARD NOTICES CONCERNING CONCESSIONS FOR SOCIAL AND OTHER SPECIFIC SERVICES, AS REFERRED TO IN ARTICLE 32ANNEX IXFEATURES CONCERNING PUBLICATIONANNEX XLIST OF INTERNATIONAL SOCIAL AND ENVIRONMENTAL CONVENTIONS REFERRED TO IN ARTICLE 30(3)ANNEX XIINFORMATION TO BE INCLUDED IN NOTICES OF MODIFICATIONS OF A CONCESSION DURING ITS TERM ACCORDING TO ARTICLE 43

Annex

ANNEX XVI-I OTHER ELEMENTS OF COUNCIL DIRECTIVE 89/665/EEC Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts. as amended by Directive 2007/66/EC of the European Parliament and of the Council 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. and 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. (Phase 4)

Article 2bDerogations from the standstill periodPoint (c) of the first paragraphArticle 2dIneffectivenessPoint (c) of paragraph 1Paragraph 5

Annex

ANNEX XVI-J (Phase 5) I. OTHER NON-MANDATORY ELEMENTS OF 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. 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 ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER ISubject-matter and definitionsArticle 2Definitions: points 10-12CHAPTER IVGeneral principlesArticle 38Reserved contractsTITLE IIRULES APPLICABLE TO CONTRACTSCHAPTER IITechniques and instruments for electronic and aggregated procurementArticle 55Centralised purchasing activities and central purchasing bodiesTITLE IIIPARTICULAR PROCUREMENT REGIMESCHAPTER ISocial and other specific servicesArticle 94Reserved contracts for certain services II. OTHER MANDATORY ELEMENTS OF 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. TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER ISubject-matter and definitionsArticle 2Definitions: point 17CHAPTER IIIMaterial scopeSection 1ThresholdsArticle 16Methods for calculating the estimated value of procurement: paragraphs 5, 6TITLE IIRULES APPLICABLE TO CONTRACTSCHAPTER IProceduresArticle 44Choice of procedures: paragraph 3Article 48Competitive dialogueArticle 49Innovation PartnershipArticle 50Use of the negotiated procedure without prior call for competition: point (j)CHAPTER IITechniques and instruments for electronic and aggregated procurementArticle 51Framework agreementsArticle 52Dynamic purchasing systemsArticle 53Electronic auctionsArticle 54Electronic cataloguesArticle 56Occasional joint procurementCHAPTER IIIConduct of the procedureSection 2Publication and transparencyArticle 70Contract award notices: paragraph 2 Section 3Choice of participants and award of contractsSubsection 1:Qualification and qualitative selectionArticle 77Qualification systemsArticle 79Reliance on the capacities of other entities: paragraph 1TITLE IIIPARTICULAR PROCUREMENT REGIMESCHAPTER IIRules governing design contestsArticle 95ScopeArticle 96NoticesArticle 97Rules on the organisation of design contests, the selection of participants and the juryArticle 98Decisions of the juryANNEXESANNEX VIIInformation to be included in the procurement documents relating to electronic auctions (Article 53(4))ANNEX XIXInformation to be included in the design contest notice (as referred to in Article 96(1))ANNEX XXInformation to be included in the results of design contest notices (as referred to in Article 96(1))

Annex

ANNEX XVI-K OTHER ELEMENTS OF COUNCIL DIRECTIVE 92/13/EEC Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors. as amended by Directive 2007/66/EC of the European Parliament and of the Council 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. and 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. (Phase 5)

Article 2bDerogations from the standstill periodPoint (c) of the first paragraphArticle 2dIneffectivenessPoint (c) of paragraph 1Paragraph 5

Annex

ANNEX XVI-L I. PROVISIONS OF 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. OUTSIDE THE SCOPE OF APPROXIMATION The elements listed in this Annex are not subject to the process of approximation. TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER IScope and definitionsSection 1Subject-matter and definitionsArticle 1Subject-matter and scope: paragraphs 3 and 4Article 2Definitions: paragraph 2 Section 2ThresholdsArticle 6Revision of the thresholds and of the list of central government authoritiesTITLE IIRULES ON PUBLIC CONTRACTSCHAPTER IProceduresArticle 25Conditions relating to the GPA and other international agreementsCHAPTER IITechniques and instruments for electronic and aggregated procurementArticle 39Procurement involving contracting authorities from different Member StatesCHAPTER IIIConduct of the procedureSection 1PreparationArticle 44Test reports, certification and other means of proof: paragraph 3Section 2Publication and transparencyArticle 51Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6Article 52Publication at national levelSection 3Choice of participants and award of contractsSubsection 1:Criteria for qualitative selectionArticle 61Online repository of certificates (e-Certis)Article 62Quality assurance standards and environmental management standards: paragraph 3Subsection 3:Award of the ContractArticle 68Life-cycle costing: paragraph 3Article 69Abnormally low tender: paragraph 5TITLE IVGOVERNANCEArticle 83EnforcementArticle 84Individual reports on procedures for the award of contractsArticle 85National reporting and statistical informationArticle 86Administrative cooperationTITLE VDELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONSArticle 87Exercise of the delegation of powersArticle 88Urgency procedureArticle 89Committee procedureArticle 90Transposition and transitional provisionsArticle 91RepealsArticle 92ReviewArticle 93Entry into forceArticle 94AddresseesANNEXESANNEX ICENTRAL GOVERNMENT AUTHORITIESANNEX VIIIFEATURES CONCERNING PUBLICATIONANNEX XIREGISTERSANNEX XIIILIST OF EU LEGISLATION REFERRED TO IN ARTICLE 68(3)ANNEX XVCORRELATION TABLE II. PROVISIONS OF 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. OUTSIDE THE SCOPE OF APPROXIMATION The elements listed in this Annex are not subject to the process of approximation. TITLE ISUBJECT MATTER, SCOPE, PRINCIPLES AND DEFINITIONSCHAPTER IScope, general principles and definitionsSection ISubject-matter, scope, general principles, definitions and thresholdArticle 1Subject-matter and scope: paragraph 3Article 6Contracting authorities: paragraphs 2 and 3Article 9Revision of the thresholdSection IIExclusionsArticle 15Notification of information by contracting entitiesArticle 16Exclusion of activities which are directly exposed to competitionTITLE IIRULES ON THE AWARD OF CONCESSIONS: GENERAL PRINCIPLES AND PROCEDURAL GUARANTEESCHAPTER IGeneral principlesArticle 30General principles: paragraph 4Article 33Form and manner of publication of notices: second subparagraph of paragraph 1, paragraphs 2, 3 and 4TITLE IVAMENDMENTS TO DIRECTIVES 89/665/EEC AND 92/13/EECArticle 46Amendments to Directive 89/665/EECArticle 47Amendments to Directive 92/13/EECTITLE VDELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONSArticle 48Exercise of the delegationArticle 49Urgency procedureArticle 50Committee procedureArticle 51TranspositionArticle 52Transitional provisionsArticle 53Monitoring and reportingArticle 54Entry into forceArticle 55Addressees

Annex

ANNEX XVI-M PROVISIONS OF 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. OUTSIDE THE SCOPE OF APPROXIMATION The elements listed in this Annex are not subject to the process of approximation. TITLE ISCOPE, DEFINITIONS AND GENERAL PRINCIPLESCHAPTER ISubject-matter and definitionsArticle 1Subject matter and scope: paragraphs 3 and 4Article 3Contracting authorities: paragraphs 2 and 3Article 4Contracting entities: paragraph 4 CHAPTER IIIMaterial scopeSection 1ThresholdsArticle 17Revision of the thresholdsSection 2Excluded contracts and design contests; special provisions for procurement involving defence and security aspectsSubsection 1:Exclusions applicable to all contracting entities and special exclusions for the water and energy sectorArticle 18Contracts awarded for purposes of resale or lease to third parties: paragraph 2Article 19Contracts 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 2Subsection 3:Special relations (cooperation, affiliated undertakings and joint ventures)Article 31Notification of informationSubsection 4:Specific situationsArticle 33Contracts subject to special arrangementsSubsection 5:Activities directly exposed to competition and procedural provisions relating theretoArticle 34Activities directly exposed to competitionArticle 35Procedure for establishing whether Article 34 is applicableTITLE IIRULES APPLICABLE TO CONTRACTSCHAPTER IProceduresArticle 43Conditions relating to the GPA and other international agreementsCHAPTER IITechniques and instruments for electronic and aggregated procurementArticle 57Procurement involving contracting entities from different Member StatesCHAPTER IIIConduct of the procedureSection 2Publication and transparencyArticle 71Form and manner of publication of notices: paragraphs 2, 3, 4, second subparagraph of paragraph 5, paragraph 6Article 72Publication at national levelSection 3Choice of participants and award of contractsSubsection 1:Qualification and qualitative selectionArticle 81Quality assurance standards and environmental management standards: paragraph 3Subsection 2:Award of the contractArticle 83Life-cycle costing: paragraph 3Section 4Tenders comprising products originating in third countries and relations with those countriesArticle 85Tenders comprising products originating in third countriesArticle 86Relations with third countries as regards works, supplies and service contractsTITLE IVGOVERNANCEArticle 99EnforcementArticle 100Individual reports on procedures for the award of contractsArticle 101National reporting and statistical informationArticle 102Administrative cooperationTITLE VDELEGATED POWERS, IMPLEMENTING POWERS AND FINAL PROVISIONSArticle 103Exercise of the delegationArticle 104Urgency procedureArticle 105Committee procedureArticle 106Transposition and transitional provisions

Article 107RepealArticle 108ReviewArticle 109Entry into forceArticle 110AddresseesANNEXESANNEX IIList of Union legal acts referred to in Article 4(3)ANNEX IIIList of Union legal acts referred to in Article 34(3)ANNEX IVDeadlines for the adoption of the implementing acts referred to in Article 35ANNEX XVList of Union legal acts referred to in Article 83(3)

Annex

ANNEX XVI-N PROVISIONS OF COUNCIL DIRECTIVE 89/665/EEC Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts. AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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. AND 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. OUTSIDE THE SCOPE OF APPROXIMATION The elements listed in this Annex are not subject to the process of approximation.

Article 2bDerogations from the standstill periodPoint (a) of the first paragraphArticle 2dIneffectivenessPoint (a) of paragraph 1Paragraph 4Article 3Corrective mechanismArticle 3aContent of a notice for voluntary ex ante transparencyArticle 3bCommittee procedureArticle 4ImplementationArticle 4aReview

Annex

ANNEX XVI-O PROVISIONS OF COUNCIL DIRECTIVE 92/13/EEC Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors. AS AMENDED BY DIRECTIVE 2007/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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. AND 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. OUTSIDE THE SCOPE OF APPROXIMATION The elements listed in this Annex are not subject to the process of approximation.

Article 2dIneffectivenessPoint (a) of paragraph 1Paragraph 4Article 3aContent of a notice for voluntary ex ante transparencyArticle 3bCommittee procedureArticle 8Corrective mechanismArticle 12ImplementationArticle 12aReview

Annex

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).