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Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the CouncilShow full title

Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012

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  1. Introductory Text

  2. PART ONE FINANCIAL REGULATION

    1. TITLE I SUBJECT MATTER, DEFINITIONS AND GENERAL PRINCIPLES

      1. Article 1.Subject matter

      2. Article 2.Definitions

      3. Article 3.Compliance of secondary legislation with this Regulation

      4. Article 4.Periods, dates and time limits

      5. Article 5.Protection of personal data

    2. TITLE II BUDGET AND BUDGETARY PRINCIPLES

      1. Article 6.Respect for budgetary principles

      2. CHAPTER 1 Principles of unity and of budgetary accuracy

        1. Article 7.Scope of the budget

        2. Article 8.Specific rules on the principles of unity and budgetary accuracy

      3. CHAPTER 2 Principle of annuality

        1. Article 9.Definition

        2. Article 10.Budgetary accounting for revenue and appropriations

        3. Article 11.Commitment of appropriations

        4. Article 12.Cancellation and carry-over of appropriations

        5. Article 13.Detailed provisions on cancellation and carry-over of appropriations

        6. Article 14.Decommitments

        7. Article 15.Making appropriations corresponding to decommitments available again

        8. Article 16.Rules applicable in the event of late adoption of the budget

      4. CHAPTER 3 Principle of equilibrium

        1. Article 17.Definition and scope

        2. Article 18.Balance from financial year

      5. CHAPTER 4 Principle of unit of account

        1. Article 19.Use of euro

      6. CHAPTER 5 Principle of universality

        1. Article 20.Scope

        2. Article 21.Assigned revenue

        3. Article 22.Structure to accommodate assigned revenue and provision of corresponding appropriations

        4. Article 23.Contributions from Member States to research programmes

        5. Article 24.Assigned revenue resulting from the participation of EFTA States in certain Union programmes

        6. Article 25.Donations

        7. Article 26.Corporate sponsorship

        8. Article 27.Rules on deductions and exchange rate adjustments

      7. CHAPTER 6 Principle of specification

        1. Article 28.General provisions

        2. Article 29.Transfers by Union institutions other than the Commission

        3. Article 30.Transfers by the Commission

        4. Article 31.Transfer proposals submitted to the European Parliament and to the Council by Union institutions

        5. Article 32.Transfers subject to special provisions

      8. CHAPTER 7 Principle of sound financial management and performance

        1. Article 33.Performance and principles of economy, efficiency and effectiveness

        2. Article 34.Evaluations

        3. Article 35.Compulsory financial statement

        4. Article 36.Internal control of budget implementation

      9. CHAPTER 8 Principle of transparency

        1. Article 37.Publication of accounts and budgets

        2. Article 38.Publication of information on recipients and other information

    3. TITLE III ESTABLISHMENT AND STRUCTURE OF THE BUDGET

      1. CHAPTER 1 Establishment of the budget

        1. Article 39.Estimates of revenue and expenditure

        2. Article 40.Estimated budget of the Union bodies referred to in Article 70

        3. Article 41.Draft budget

        4. Article 42.Letter of amendment to the draft budget

        5. Article 43.Obligations of Member States as a result of the adoption of the budget

        6. Article 44.Draft amending budgets

        7. Article 45.Early transmission of estimates and draft budgets

      2. CHAPTER 2 Structure and presentation of the budget

        1. Article 46.Structure of the budget

        2. Article 47.Budget nomenclature

        3. Article 48.Negative revenue

        4. Article 49.Provisions

        5. Article 50.Negative reserve

        6. Article 51.Emergency Aid Reserve

        7. Article 52.Presentation of the budget

        8. Article 53.Rules on the establishment plans for staff

      3. CHAPTER 3 Budgetary discipline

        1. Article 54.Compliance with the multiannual financial framework and Decision 2014/335/EU, Euratom

        2. Article 55.Compliance of Union acts with the budget

    4. TITLE IV BUDGET IMPLEMENTATION

      1. CHAPTER 1 General provisions

        1. Article 56.Budget implementation in accordance with the principle of sound financial management

        2. Article 57.Information on transfers of personal data for audit purposes

        3. Article 58.Basic act and exceptions

        4. Article 59.Budget implementation by Union institutions other than the Commission

        5. Article 60.Delegation of budget implementation powers

        6. Article 61.Conflict of interests

      2. CHAPTER 2 Methods of implementation

        1. Article 62.Methods of budget implementation

        2. Article 63.Shared management with Member States

      3. CHAPTER 3 European offices and Union bodies

        1. Section 1 European offices

          1. Article 64.Scope of competences of European offices

          2. Article 65.Appropriations regarding European offices

          3. Article 66.Non-obligatory tasks

          4. Article 67.Accounting records of European offices

        2. Section 2 Agencies and Union bodies

          1. Article 68.Applicability to the Euratom Supply Agency

          2. Article 69.Executive agencies

          3. Article 70.Bodies set up under the TFEU and the Euratom Treaty

          4. Article 71.Public-private partnership bodies

      4. CHAPTER 4 Financial actors

        1. Section 1 Principle of segregation of duties

          1. Article 72.Segregation of duties

        2. Section 2 Authorising officer

          1. Article 73.Authorising officer

          2. Article 74.Powers and duties of the authorising officer

          3. Article 75.Keeping of supporting documents by authorising officers

          4. Article 76.Powers and duties of Heads of Union Delegations

        3. Section 3 Accounting officer

          1. Article 77.Powers and duties of the accounting officer

          2. Article 78.Appointment and termination of duties of the accounting officer

          3. Article 79.Powers which may be delegated by the accounting officer

          4. Article 80.Accounting rules

          5. Article 81.Organisation of the accounts

          6. Article 82.Keeping the accounts

          7. Article 83.Content and keeping of budget accounts

          8. Article 84.General accounts

          9. Article 85.Bank accounts

          10. Article 86.Treasury management

          11. Article 87.The inventory of assets

        4. Section 4 Imprest administrator

          1. Article 88.Imprest accounts

          2. Article 89.Creation and administration of imprest accounts

      5. CHAPTER 5 Liability of financial actors

        1. Section 1 General rules

          1. Article 90.Withdrawal of delegation of powers to and suspension of duties of financial actors

          2. Article 91.Liability of financial actors for illegal activity, fraud or corruption

        2. Section 2 Rules applicable to authorising officers responsible

          1. Article 92.Rules applicable to authorising officers

          2. Article 93.Treatment of financial irregularities on the part of a member of staff

        3. Section 3 Rules applicable to accounting officers and imprest administrators

          1. Article 94.Rules applicable to accounting officers

          2. Article 95.Rules applicable to imprest administrators

      6. CHAPTER 6 Revenue operations

        1. Section 1 Making own resources available

          1. Article 96.Own resources

        2. Section 2 Estimate of amounts receivable

          1. Article 97.Estimate of amounts receivable

        3. Section 3 Establishment of amounts receivable

          1. Article 98.Establishment of amounts receivable

          2. Article 99.Default interest

        4. Section 4 Authorisation of recovery

          1. Article 100.Authorisation of recovery

        5. Section 5 Recovery

          1. Article 101.Rules on recovery

          2. Article 102.Recovery by offsetting

          3. Article 103.Recovery procedure failing voluntary payment

          4. Article 104.Additional time for payment

          5. Article 105.Limitation period

          6. Article 106.National treatment for entitlements of the Union

          7. Article 107.Fines, other penalties, sanctions and accrued interest imposed by Union institutions

          8. Article 108.Recovery of fines, other penalties or sanctions imposed by Union institutions

          9. Article 109.Compensatory interests

      7. CHAPTER 7 Expenditure operations

        1. Article 110.Financing decisions

        2. Article 111.Expenditure operations

        3. Article 112.Types of budgetary commitments

        4. Article 113.Commitments for EAGF appropriations

        5. Article 114.Time limits for commitments

        6. Article 115.Types of payments

        7. Article 116.Time limits for payments

      8. CHAPTER 8 Internal auditor

        1. Article 117.Appointment of the internal auditor

        2. Article 118.Powers and duties of the internal auditor

        3. Article 119.Work programme of the internal auditor

        4. Article 120.Independence of the internal auditor

        5. Article 121.Liability of the internal auditor

        6. Article 122.Action before the Court of Justice of the European Union

        7. Article 123.Internal audit progress committees

    5. TITLE V COMMON RULES

      1. CHAPTER 1 Rules applicable to direct, indirect and shared management

        1. Article 124.Scope

        2. Article 125.Forms of Union contribution

        3. Article 126.Cross-reliance on assessments

        4. Article 127.Cross-reliance on audits

        5. Article 128.Use of already available information

        6. Article 129.Cooperation for protection of the financial interests of the Union

      2. CHAPTER 2 Rules applicable to direct and indirect management

        1. Section 1 Rules on procedures and management

          1. Article 130.Financial framework partnerships

          2. Article 131.Suspension, termination and reduction

          3. Article 132.Record-keeping

          4. Article 133.Adversarial procedure and means of redress

          5. Article 134.Interest rate rebates and guarantee fee subsidies

        2. Section 2 Early-detection and exclusion system

          1. Article 135.Protection of the financial interests of the Union by means of detection of risks, exclusion and imposition of financial penalties

          2. Article 136.Exclusion criteria and decisions on exclusions

          3. Article 137.Declaration and evidence of absence of an exclusion situation

          4. Article 138.Financial penalties

          5. Article 139.Duration of exclusion and limitation period

          6. Article 140.Publication of exclusion and financial penalties

          7. Article 141.Rejection from an award procedure

          8. Article 142.The early-detection and exclusion system

          9. Article 143.Panel

          10. Article 144.Functioning of the database for the early-detection and exclusion system

          11. Article 145.Exception applicable to the Joint Research Centre

        3. Section 3 IT systems and e-government

          1. Article 146.Electronic management of operations

          2. Article 147.e-Government

          3. Article 148.Electronic exchange systems

          4. Article 149.Submission of application documents

      3. CHAPTER 3 Rules applicable to direct management

        1. Article 150.Evaluation committee

        2. Article 151.Clarification and correction of application documents

        3. Article 152.Guarantees

        4. Article 153.Guarantee on pre-financing

    6. TITLE VI INDIRECT MANAGEMENT

      1. Article 154.Indirect management

      2. Article 155.Implementation of Union funds and budgetary guarantees

      3. Article 156.Indirect management with international organisations

      4. Article 157.Indirect management with Member State organisations

      5. Article 158.Indirect management with third countries

      6. Article 159.Blending operations

    7. TITLE VII PROCUREMENT AND CONCESSIONS

      1. CHAPTER 1 Common provisions

        1. Article 160.Principles applicable to contracts and scope

        2. Article 161.Annex on procurement and delegation of powers

        3. Article 162.Mixed contracts and common procurement vocabulary

        4. Article 163.Publicity measures

        5. Article 164.Procurement procedures

        6. Article 165.Interinstitutional procurement and joint procurement

        7. Article 166.Preparation of a procurement procedure

        8. Article 167.Award of contracts

        9. Article 168.Submission, electronic communication and evaluation

        10. Article 169.Contacts during the procurement procedure

        11. Article 170.Award decision and information to candidates or tenderers

        12. Article 171.Cancellation of the procurement procedure

        13. Article 172.Performance and modifications of the contract

        14. Article 173.Performance guarantees and retention money guarantees

      2. CHAPTER 2 Provisions applicable to contracts awarded by Union institutions on their own account

        1. Article 174.The contracting authority

        2. Article 175.Thresholds applicable and standstill period

        3. Article 176.Rules on access to procurement

        4. Article 177.Procurement rules of the World Trade Organisation

      3. CHAPTER 3 Provisions applicable for procurement in the field of external actions

        1. Article 178.External action procurement

        2. Article 179.Rules on access to procurement in the field of external actions

    8. TITLE VIII GRANTS

      1. CHAPTER 1 Scope and form of grants

        1. Article 180.Scope and form of grants

        2. Article 181.Lump sums, unit costs and flat-rate financing

        3. Article 182.Single lump sums

        4. Article 183.Checks and controls on beneficiaries related to lump sums, unit costs and flat rates

        5. Article 184.Periodic assessment of lump sums, unit costs or flat-rates

        6. Article 185.Usual cost accounting practices of the beneficiary

        7. Article 186.Eligible costs

        8. Article 187.Affiliated entities and sole beneficiary

      2. CHAPTER 2 Principles

        1. Article 188.General principles applicable to grants

        2. Article 189.Transparency

        3. Article 190.Co-financing

        4. Article 191.Principle of non-cumulative award and prohibition of double funding

        5. Article 192.No-profit principle

        6. Article 193.Principle of non-retroactivity

      3. CHAPTER 3 Grant award procedure and grant agreement

        1. Article 194.Content and publication of calls for proposals

        2. Article 195.Exceptions to calls for proposals

        3. Article 196.Content of grant applications

        4. Article 197.Eligibility criteria

        5. Article 198.Selection criteria

        6. Article 199.Award criteria

        7. Article 200.Evaluation procedure

        8. Article 201.Grant agreement

      4. CHAPTER 4 Implementation of grants

        1. Article 202.Amount of the grant and extension of audit findings

        2. Article 203.Supporting documents for payment requests

        3. Article 204.Financial support to third parties

        4. Article 205.Implementation contracts

    9. TITLE IX PRIZES

      1. Article 206.General rules

      2. Article 207.Rules of contest, award and publication

    10. TITLE X FINANCIAL INSTRUMENTS, BUDGETARY GUARANTEES AND FINANCIAL ASSISTANCE

      1. CHAPTER 1 Common provisions

        1. Article 208.Scope and implementation

        2. Article 209.Principles and conditions applicable to financial instruments and budgetary guarantees

        3. Article 210.Financial liability of the Union

        4. Article 211.Provisioning of financial liabilities

        5. Article 212.Common provisioning fund

        6. Article 213.Effective provisioning rate

        7. Article 214.Annual reporting

      2. CHAPTER 2 Specific provisions

        1. Section 1 Financial instruments

          1. Article 215.Rules and implementation

          2. Article 216.Financial instruments directly implemented by the Commission

          3. Article 217.Treatment of contributions from funds implemented under shared management

        2. Section 2 Budgetary guarantees

          1. Article 218.Rules for budgetary guarantees

          2. Article 219.Implementation of budgetary guarantees

        3. Section 3 Financial assistance

          1. Article 220.Rules and implementation

    11. TITLE XI CONTRIBUTIONS TO EUROPEAN POLITICAL PARTIES

      1. Article 221.General provisions

      2. Article 222.Principles

      3. Article 223.Budgetary aspects

      4. Article 224.Call for contributions

      5. Article 225.Award procedure

      6. Article 226.Form of contributions

      7. Article 227.Guarantees

      8. Article 228.Use of contributions

      9. Article 229.Report on the use of the contributions

      10. Article 230.Amount of the contribution

      11. Article 231.Control and penalties

      12. Article 232.Record keeping

      13. Article 233.Selection of external audit bodies or experts

    12. TITLE XII OTHER BUDGET IMPLEMENTATION INSTRUMENTS

      1. Article 234.Union trust funds for external actions

      2. Article 235.Implementation of Union trust funds for external actions

      3. Article 236.Use of budget support

      4. Article 237.Remunerated external experts

      5. Article 238.Non-remunerated experts

      6. Article 239.Membership fees and other payments of subscriptions

      7. Article 240.Expenditure on the members and staff of Union institutions

    13. TITLE XIII ANNUAL ACCOUNTS AND OTHER FINANCIAL REPORTING

      1. CHAPTER 1 Annual accounts

        1. Section 1 Accounting framework

          1. Article 241.Structure of the accounts

          2. Article 242.Supporting documents

          3. Article 243.Financial statements

        2. Section 2 Budget implementation reports

          1. Article 244.Budget implementation reports

        3. Section 3 Annual accounts timetable

          1. Article 245.Provisional accounts

          2. Article 246.Approval of the final consolidated accounts

      2. CHAPTER 2 Integrated financial and accountability reporting

        1. Article 247.Integrated financial and accountability reporting

      3. CHAPTER 3 Budgetary and other financial reporting

        1. Article 248.Monthly reporting on budget implementation

        2. Article 249.Annual report on budgetary and financial management

        3. Article 250.Annual report on financial instruments, budgetary guarantees and financial assistance

        4. Article 251.Status report on accounting issues

        5. Article 252.Reporting on Union trust funds for external actions

        6. Article 253.Publication of information on recipients

    14. TITLE XIV EXTERNAL AUDIT AND DISCHARGE

      1. CHAPTER 1 External audit

        1. Article 254.External audit by the Court of Auditors

        2. Article 255.Rules and procedure on the audit

        3. Article 256.Checks on securities and cash

        4. Article 257.Court of Auditors’ right of access

        5. Article 258.Annual report of the Court of Auditors

        6. Article 259.Special reports of the Court of Auditors

      2. CHAPTER 2 Discharge

        1. Article 260.Timetable of the discharge procedure

        2. Article 261.The discharge procedure

        3. Article 262.Follow-up measures

        4. Article 263.Specific provisions regarding the EEAS

    15. TITLE XV ADMINISTRATIVE APPROPRIATIONS

      1. Article 264.General provisions

      2. Article 265.Payments made in advance

      3. Article 266.Specific provisions regarding building projects

      4. Article 267.Early information procedure and prior approval procedure

    16. TITLE XVI INFORMATION REQUESTS AND DELEGATED ACTS

      1. Article 268.Information requests by the European Parliament and by the Council

      2. Article 269.Exercise of the delegation

  3. PART TWO AMENDMENTS TO SECTOR-SPECIFIC RULES

    1. Article 270.Amendments to Regulation (EU) No 1296/2013

    2. Article 271.Amendments to Regulation (EU) No 1301/2013

    3. Article 272.Amendments to Regulation (EU) No 1303/2013

    4. Article 273.Amendments to Regulation (EU) No 1304/2013

    5. Article 274.Amendments to Regulation (EU) No 1309/2013

    6. Article 275.Amendments to Regulation (EU) No 1316/2013

    7. Article 276.Amendments to Regulation (EU) No 223/2014

    8. Article 277.Amendments to Regulation (EU) No 283/2014

    9. Article 278.Amendment to Decision No 541/2014/EU

  4. PART THREE FINAL AND TRANSITIONAL PROVISIONS

    1. Article 279.Transitional provisions

    2. Article 280.Review

    3. Article 281.Repeal

    4. Article 282.Entry into force and application

  5. Signature

    1. ANNEX I

      1. CHAPTER 1 Common provisions

        1. SECTION 1 Framework contracts and publicity

          1. 1. Framework contracts and specific contracts

            1. 1.1. The duration of a framework contract shall not exceed four...

            2. 1.2. Where a framework contract is concluded with a single economic...

            3. 1.3. Where a framework contract is to be concluded with several...

            4. 1.4. A multiple framework contract with reopening of competition shall be...

            5. 1.5. In sectors subject to a rapid price and technological evolution,...

            6. 1.6. Specific contracts based on framework contracts shall be preceded by...

          2. 2. Advertising of procedures for contracts with a value equal to...

            1. 2.1. The notices for publication in the Official Journal of the...

            2. 2.2. The contracting authority may make known its intentions of planned...

            3. 2.3. The contracting authority shall send to the Publications Office an...

            4. 2.4. The contracting authority shall publish an award notice:

            5. 2.5. The contracting authority shall publish in the Official Journal of...

            6. 2.6. For an interinstitutional procedure, the contracting authority responsible for the...

          3. 3. Advertising of procedures for contracts with a value below the...

            1. 3.1. Procedures with an estimated contract value below the thresholds referred...

            2. 3.2. For contracts awarded in accordance with points (g) and (i)...

            3. 3.3. Contract award information shall contain the name of the contractor,...

            4. 3.4. For interinstitutional framework contracts, each contracting authority shall be responsible...

          4. 4. Publication of notices

            1. 4.1. The contracting authority shall draw up and transmit the notices...

            2. 4.2. The Publications Office shall publish the notices referred to in...

            3. 4.3. The contracting authority shall be able to provide evidence of...

          5. 5. Other forms of advertising

        2. SECTION 2 Procurement procedures

          1. 6. Minimum number of candidates and arrangements for negotiation

            1. 6.1. In a restricted procedure and in the procedures referred to...

            2. 6.2. In a competitive procedure with negotiation, a competitive dialogue, an...

            3. 6.3. Points 6.1 and 6.2 shall not apply in the following...

            4. 6.4. Where the number of candidates meeting the selection criteria is...

            5. 6.5. During a negotiation, the contracting authority shall ensure equal treatment...

            6. 6.6. For contracts awarded in accordance with points (d) and (g)...

          2. 7. Innovation partnership

            1. 7.1. An innovation partnership shall aim at the development of an...

            2. 7.2. Before launching an innovation partnership, the contracting authority shall consult...

            3. 7.3. In the procurement documents, the contracting authority shall specify the...

          3. 8. Design contests

            1. 8.1. Design contests shall be subject to the rules on advertising...

            2. 8.2. The jury shall be appointed by the authorising officer responsible....

            3. 8.3. The proposals of the jury, based on the merits of...

            4. 8.4. The contracting authority shall take an award decision that includes...

          4. 9. Dynamic purchasing system

            1. 9.1. A dynamic purchasing system may be divided into categories of...

            2. 9.2. The contracting authority shall indicate in the procurement documents the...

            3. 9.3. The contracting authority shall give any economic operator, throughout the...

            4. 9.4. The contracting authority shall invite all candidates admitted to the...

            5. 9.5. The contracting authority shall indicate the period of validity of...

          5. 10. Competitive dialogue

            1. 10.1. The contracting authority shall specify its needs and requirements, the...

            2. 10.2. The contracting authority shall open a dialogue with the candidates...

            3. 10.3. The contracting authority shall continue the dialogue until it can...

            4. 10.4. The contracting authority may specify the payments to be made...

          6. 11. Use of a negotiated procedure without prior publication of a...

            1. 11.1. Where the contracting authority uses the negotiated procedure without prior...

            2. 11.2. A tender shall be considered unsuitable where it does not...

            3. 11.3. The exceptions set out in points (b)(ii) and (iii) of...

            4. 11.4. In the cases referred to in point (e) of the...

          7. 12. Use of a competitive procedure with negotiation or competitive dialogue...

            1. 12.1. When the contracting authority uses the competitive procedure with negotiation...

            2. 12.2. A tender shall be considered irregular in any of the...

            3. 12.3. A tender shall be considered unacceptable in any of the...

            4. 12.4. In the cases referred to in point (a) of point...

          8. 13. Procedure involving a call for expression of interest

            1. 13.1. For contracts with a value below the thresholds referred to...

            2. 13.2. The list drawn up following a call for expression of...

            3. 13.3. Where a contract is to be awarded, the contracting authority...

          9. 14. Middle, low and very low value contracts

            1. 14.1. Middle, low and very low value contracts may be awarded...

            2. 14.2. A contract of a value exceeding EUR 60 000 and...

            3. 14.3. A contract of a value not exceeding EUR 60 000,...

            4. 14.4. A contract of a value not exceeding EUR 15 000...

            5. 14.5. Payments of amounts not exceeding EUR 1 000 in respect...

          10. 15. Preliminary market consultation

            1. 15.1. For preliminary market consultation, the contracting authority may seek or...

            2. 15.2. Where an economic operator has advised the contracting authority or...

          11. 16. Procurement documents

            1. 16.1. The procurement documents shall include the following:

            2. 16.2. The invitation to tender shall:

            3. 16.3. The tender specifications shall contain the following:

            4. 16.4. The draft contract shall:

          12. 17. Technical specifications

            1. 17.1. Technical specifications shall allow equal access of economic operators to...

            2. 17.2. The characteristics referred to in point 17.1 may include as...

            3. 17.3. The technical specifications shall be formulated in any of the...

            4. 17.4. Where the contracting authority uses the option of referring to...

            5. 17.5. Where the contracting authority uses the option provided for in...

            6. 17.6. Where a contracting authority intends to purchase works, supplies or...

            7. 17.7. The contracting authority shall accept any other appropriate means of...

            8. 17.8. Unless justified by the subject matter of the contract, technical...

          13. 18. Exclusion and selection criteria

            1. 18.1. For the purpose of Article 137, the contracting authority shall...

            2. 18.2. The contracting authority shall indicate in the procurement documents the...

            3. 18.3. With regard to capacity to pursue the professional activity, the...

            4. 18.4. When receiving requests to participate or tenders, the contracting authority...

            5. 18.5. The contracting authority may, depending on its assessment of risks,...

            6. 18.6. An economic operator may, where appropriate and for a particular...

            7. 18.7. The contracting authority shall verify whether the entities on whose...

            8. 18.8. In the case of works contracts, service contracts and siting...

            9. 18.9. The contracting authority shall not demand that a group of...

          14. 19. Economic and financial capacity

            1. 19.1. To ensure that economic operators possess the necessary economic and...

            2. 19.2. In the case of dynamic purchasing systems, the maximum yearly...

            3. 19.3. The contracting authority shall define in the procurement documents the...

          15. 20. Technical and professional capacity

            1. 20.1. The contracting authority shall verify that candidates or tenderers fulfil...

            2. 20.2. The contracting authority shall define in the procurement documents the...

            3. 20.3. Where the supplies or services are complex or, exceptionally, are...

            4. 20.4. Where the contracting authority requires the provision of certificates drawn...

            5. 20.5. Where the contracting authority requires the provision of certificates drawn...

            6. 20.6. A contracting authority may conclude that an economic operator does...

          16. 21. Award criteria

            1. 21.1. Quality criteria may include elements such as technical merit, aesthetic...

            2. 21.2. The contracting authority shall specify in the procurement documents the...

            3. 21.3. The contracting authority may lay down minimum levels of quality....

            4. 21.4. Life-cycle costing shall cover parts or all of the following...

            5. 21.5. Where the contracting authority assesses the costs using a life-cycle...

          17. 22. Use of electronic auctions

            1. 22.1. The contracting authority may use electronic auctions, in which new...

            2. 22.2. In open, restricted or competitive procedures with negotiation, the contracting...

            3. 22.3. The contracting authority which decides to hold an electronic auction...

            4. 22.4. All tenderers who have submitted admissible tenders shall be invited...

            5. 22.5. The invitation shall be accompanied by the outcome of a...

            6. 22.6. Throughout each phase of an electronic auction the contracting authority...

            7. 22.7. The contracting authority shall close an electronic auction in one...

            8. 22.8. After closing an electronic auction, the contracting authority shall award...

          18. 23. Abnormally low tenders

            1. 23.1. If, for a given contract, the price or costs proposed...

            2. 23.2. The contracting authority shall only reject the tender where the...

            3. 23.3. Where the contracting authority establishes that a tender is abnormally...

          19. 24. Time limits for receipt of tenders and requests to participate...

            1. 24.1. The time limits shall be longer than the minimum time...

            2. 24.2. In open procedures, the time limit for receipt of tenders...

            3. 24.3. In restricted procedures, in competitive dialogue, in competitive procedures with...

            4. 24.4. In restricted procedures and in competitive procedures with negotiation, the...

            5. 24.5. In a dynamic purchasing system, the time limit for receipt...

            6. 24.6. In the procedures after a call for expression of interest...

            7. 24.7. The contracting authority may reduce the time limits for receipt...

          20. 25. Access to procurement documents and time limit to provide additional...

            1. 25.1. The contracting authority shall offer direct access free of charge...

            2. 25.2. The contracting authority shall provide additional information linked to the...

            3. 25.3. The contracting authority shall extend the time limit for receipt...

          21. 26. Time limits in urgent cases

            1. 26.1. Where duly substantiated urgency renders impracticable the minimum time limits...

            2. 26.2. In urgent cases, the time limit set out in the...

          22. 27. Electronic catalogues

            1. 27.1. Where the use of electronic means of communication is required,...

            2. 27.2. Where the presentation of tenders in the form of electronic...

            3. 27.3. Where a multiple framework contract has been concluded following the...

            4. 27.4. When using the method referred to in point (b) of...

          23. 28. Opening of tenders and requests to participate

            1. 28.1. In open procedures, authorised representatives of tenderers may attend the...

            2. 28.2. Where the value of a contract is equal to or...

            3. 28.3. For a procurement procedure launched on an interinstitutional basis, the...

            4. 28.4. The contracting authority shall verify and ensure the integrity of...

            5. 28.5. In open procedures, where the contract is awarded under the...

            6. 28.6. The written record of the opening of the tenders received...

          24. 29. Evaluation of tenders and requests to participate

            1. 29.1. The authorising officer responsible may decide that the evaluation committee...

            2. 29.2. For a procurement procedure launched on an interinstitutional basis, the...

            3. 29.3. Requests to participate and tenders which are suitable under point...

          25. 30. Results of the evaluation and award decision

            1. 30.1. The outcome of the evaluation shall be an evaluation report...

            2. 30.2. The evaluation report shall contain the following:

            3. 30.3. The contracting authority shall take its award decision providing any...

            4. 30.4. The authorising officer may merge the content of the evaluation...

            5. 30.5. For a procurement procedure launched on an interinstitutional basis, the...

          26. 31. Information for candidates and tenderers

            1. 31.1. The contracting authority shall inform all candidates or tenderers, simultaneously...

            2. 31.2. The contracting authority shall communicate the information provided for in...

            3. 31.3. When the contracting authority communicates by electronic means, information shall...

      2. CHAPTER 2 Provisions applicable to contracts awarded by Union institutions on their own account

        1. 32. Central purchasing body

          1. 32.1. A central purchasing body may act as any of the...

          2. 32.2. The central purchasing body shall carry out all procurement procedures...

        2. 33. Lots

          1. 33.1. Whenever appropriate, technically feasible and cost efficient, contracts shall be...

          2. 33.2. Where the subject matter of a contract is subdivided into...

          3. 33.3. Where a contract is to be awarded in the form...

        3. 34. Arrangements for estimating the value of a contract

          1. 34.1. The contracting authority shall estimate the value of a contract...

          2. 34.2. For framework contracts and dynamic purchasing systems the value to...

          3. 34.3. For service contracts, account shall be taken of the following:...

          4. 34.4. In the case of service contracts which do not specify...

          5. 34.5. In the case of service or supply contracts which are...

          6. 34.6. In the case of works contracts, account shall be taken...

          7. 34.7. In the case of concession contracts, the value shall be...

        4. 35. Standstill period before signature of the contract

          1. 35.1. The standstill period shall run from either of the following...

          2. 35.2. The period set out in point 35.1 shall not apply...

      3. CHAPTER 3 Procurement in the field of external actions

        1. 36. Special provisions relating to thresholds and the arrangements for awarding...

        2. 37. Advertising

          1. 37.1. If applicable, the prior information notice for calls for tender...

          2. 37.2. The award notice shall be sent when the contract is...

        3. 38. Thresholds and procedures

          1. 38.1. The procurement procedures in the field of external actions shall...

          2. 38.2. The use of procurement procedures according to thresholds shall be...

          3. 38.3. In the restricted procedure referred to in point (a) of...

          4. 38.4. Under the local open procedure referred to in point (c)...

          5. 38.5. Under the simplified procedure referred to in point (d) of...

          6. 38.6. For legal services not covered in point (h) of the...

        4. 39. Use of the negotiated procedure for service, supply and works...

          1. 39.1. Contracting authorities may use the negotiated procedure with a single...

          2. 39.2. For the purposes of point (c) of the second subparagraph...

          3. 39.3. Activities of an institutional nature referred to in point (a)...

        5. 40. Tender specifications

        6. 41. Time limits for procedures

          1. 41.1. For service contracts, the minimum time between the day following...

          2. 41.2. Tenderers may put questions in writing before the closing date...

          3. 41.3. In restricted procedures, the time limit for receipt of requests...

          4. 41.4. In open procedures, the time limits for receipt of tenders,...

          5. 41.5. In local open procedures, the time limits for receipt of...

          6. 41.6. For the simplified procedures referred to in point (d) of...

    2. ANNEX II

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