
Article 1 
The position to be adopted on the Union's behalf within the Association Committee in Trade configuration established by Article 438 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, with regard to the update of Annexes XVI and XXIX to the Agreement shall be based on the draft Decisions of that Committee attached to this Decision.
Minor technical corrections to the draft Decisions may be agreed to by the representatives of the Union in the Association Committee in Trade configuration without further decision of the Council.
Article 2 
This Decision shall enter into force on the day of its adoption.
Done at Luxembourg, 13 October 2016.
For the Council
The President
R. KALIŇÁK
Article 1 
Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of 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 the Republic of Moldova, of the other part, are replaced by the text appearing in the Annex to this Decision.
Article 2 
This Decision shall enter into force on the day of its adoption.
Done at …,
For the Association Committee in Trade configuration
The Chair
ANNEX

Section ‘Horizontal legislative framework for marketing of products’, Section ‘Legislation based on the principles of the new approach which provide for CE marking’, Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’, Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’, Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Agreement are replaced by the following:
'
Union legislation Deadline for approximation
HORIZONTAL LEGISLATIVE FRAMEWORK FOR MARKETING OF PRODUCTS
Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC Approximated on the date of entry into force of the Law No 235 of 1 December 2011
Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety 2016
Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products 2012
Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council 2015
Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC, as amended by Directive 2009/3/EC of the European Parliament and of the Council 2015
LEGISLATION BASED ON THE PRINCIPLES OF THE NEW APPROACH WHICH PROVIDE FOR CE MARKING
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 2017
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 2017
Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC Full approximation: 2015
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 2017
Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment Review and full approximation: 2015
Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels Review and full approximation: 2016
Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons 2015
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 2017
Directive 2014/28/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 and supervision of explosives for civil usesCommission Decision 2004/388/EC of 15 April 2004 on an Intra-Community transfer of explosives documentCommission 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 2017
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 2017
Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC 2015
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 2017
Council Directive 93/42/EEC of 14 June 1993 concerning medical devicesCouncil Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devicesDirective 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices Review and full approximation: 2015
Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels Full approximation: 2017
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 2017
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 2017
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 2017
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 2018
Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys Review and full approximation: 2015
Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles 2017
DIRECTIVES BASED ON THE PRINCIPLES OF THE NEW APPROACH OR THE GLOBAL APPROACH, BUT WHICH DO NOT PROVIDE FOR CE MARKING
European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste 2015
Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC 2017
CONSTRUCTION OF MOTOR VEHICLES
2. Two- or Three-wheel motor vehicles
Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles 2017
3. Wheeled agricultural or forestry tractors
Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles 2016
Directive 2008/2/EC of the European Parliament and of the Council of 15 January 2008 on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors 2016
CHEMICALS
1. REACH and REACH implementation
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC 2019
Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) 2019
2. Dangerous chemicals
Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals 2017
Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC 2021
Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment 2014
Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) 2016
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC 2013-14
Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) Approximated in 2009
Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC 2013-14
3. Classification, packaging and labelling
Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 2021'.

Article 1 
Annex XXIX to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part, is replaced by the by the text appearing in the Annex to this Decision.
Article 2 
This Decision shall enter into force on the day of its adoption.
Done at …,
For the Association Committee in Trade configuration
The Chair
ANNEX

Annex XXIX to the Agreement is replaced by the following:

‘ANNEX XXIX  ANNEX XXIX-A  1. 

((a)) EUR 134 000 for public supply and service contracts awarded by central government authorities and design contests awarded by such authorities;
((b)) EUR 207 000 in the case of public supply and public service contracts not covered by point (a);
((c)) EUR 5 186 000 in the case of public works contracts;
((d)) EUR 5 186 000 in the case of works contracts in the utilities sector;
((e)) EUR 5 186 000 in the case of concessions;
((f)) EUR 414 000 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.
 2. The value thresholds referred to in paragraph 1 shall be adapted to reflect the thresholds applicable under Directives 2014/23/EU, 2014/24/EU and 2014/25/EU at the moment of the entry into force of this Agreement.
 ANNEX XXIX-B 

Phase  Indicative time schedule Market access granted to the EU by the Republic of Moldova Market access granted to the Republic of Moldova by the EU 
1 Implementation of Articles 270(2) and 271 of this AgreementAgreement of the Reform Strategy set out in Article 272 of this Agreement 9 months 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 5 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 XXIX-C and XXIX-N
Approximation and implementation of basic elements of Directive 2014/25/EU and of Directive 92/13/EEC 5 years after the entry into force of this Agreement Supplies for all contracting entities in the utilities sector Supplies for all contracting entities Annexes XXIX-G and XXIX-Q
Approximation and implementation of other elements of Directive 2014/24/EU 5 years after the entry into force of this Agreement Service and works contracts for all contracting authorities Service and works contracts for all contracting authorities Annexes XXIX-D, XXIX-E, and XXIX-O
3 Approximation and implementation of Directive 2014/23/EU 6 years after the entry into force of this Agreement Concessions for all contracting authorities Concessions for all contracting authorities Annexes XXIX-K and XXIX-L
4 Approximation and implementation of other elements of Directive 2014/25/EU 8 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 XXIX-H, XXIX-I and XXIX-R


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: points (1), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (18), (19), (20), (22), (23) and (24) of paragraph 1
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, point (a) of paragraph 4, paragraphs 5 and 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 and 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 and first subparagraph of paragraph 5
Article 53 Electronic availability of procurement documents
Article 54 Invitations to candidates
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 and 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 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 design 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


TITLE I Scope, definitions and general principles
 
CHAPTER I Scope and definitions
Section 1 Subject-matter and definitions
Article 2 Definitions: point (21) of paragraph 1
Article 22 Rules applicable to communication: paragraph 1
 
TITLE II Rules on public contracts
 
CHAPTER I Procedures
Article 26 Choice of procedures: paragraph 3 and point (b) 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))

The elements of Directive 2014/24/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-B.


TITLE I Scope, definitions and general principles
 
CHAPTER I Scope and definitions
Section 1 Subject-matter and definitions
Article 2 Definitions: points (14) and (16) of paragraph 1
Article 20 Reserved 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
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
 ANNEX XXIX-F 
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 and 4, second subparagraph of paragraph 5, paragraph 6
Article 52 Publication at national level
Section 3 Choice of participants and award of contracts
Article 61 Online repository of certificates (e-Certis)
Article 62 Quality assurance standards and environmental management standards: paragraph 3
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
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 union legal acts referred to in Article 68(3)
Annex XV Correlation table


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: paragraphs 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 sector
Article 18 Contracts awarded for purposes of resale or lease to third parties: 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 authorities 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 and 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 and 4
Article 71 Form and manner of publication of notices: paragraph 1 and 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 contract
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 and 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 Requirements 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)
Annex VI 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 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)


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 and 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 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))

The elements of Directive 2014/25/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-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 I Procedures
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
 ANNEX XXIX-J 
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 contract
Article 81 Quality assurance standards and environmental management standards: paragraph 3
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)


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
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

The elements of Directive 2014/23/EU set out in this Annex are not mandatory but recommended for approximation. The Republic of Moldova may approximate those elements within the time-frame set in Annex XXIX-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 XXIX-M 
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 Directive 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


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


Article 2b Derogations from the standstill period: point (c) of the first paragraph
Article 2d Ineffectiveness: point (c) of the first paragraph, paragraph 5
 ANNEX XXIX-P 
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 the first paragraph, paragraph 4
Article 3 Corrective mechanism
Article 3a Content of the notice for voluntary ex ante transparency
Article 3b Committee procedure
Article 4 Implementation
Article 4a Review


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


Article 2b Derogations from the standstill period: point (c) of the first paragraph, paragraph 5
 ANNEX XXIX-S 
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 the first paragraph, paragraph 4
Article 3a Content of the notice for voluntary ex ante transparency
Article 3b Committee procedure
Article 8 Corrective mechanism
Article 12 Implementation
Article 12a Review
 ANNEX XXIX-T  1. Training, in the Union and the Republic of Moldova, of officials of the Republic of Moldova from government bodies engaged in public procurement.
 2. Training of suppliers interested in participating in public procurement.
 3. Exchange of information and experience on best practice and regulatory rules in the field 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 Union in application of modern electronic technologies in the field 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 (see Article 270 of this Agreement).’.

