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 (revoked)

EU Regulation 2018/1046 · Adopted 18 July 2018 · Extends to United Kingdom

Contents

1. Part ONE: FINANCIAL REGULATION Repealed
2. Title I: SUBJECT MATTER, DEFINITIONS AND GENERAL PRINCIPLES Repealed
3. 1Subject matter Repealed
4. 2Definitions Repealed
5. 3Compliance of secondary legislation with this Regulation Repealed
6. 4Periods, dates and time limits Repealed
7. 5Protection of personal data Repealed
8. Title II: BUDGET AND BUDGETARY PRINCIPLES Repealed
9. 6Respect for budgetary principles Repealed
10. Chapter 1: Principles of unity and of budgetary accuracy Repealed
11. 7Scope of the budget Repealed
12. 8Specific rules on the principles of unity and budgetary accuracy Repealed
13. Chapter 2: Principle of annuality Repealed
14. 9Definition Repealed
15. 10Budgetary accounting for revenue and appropriations Repealed
16. 11Commitment of appropriations Repealed
17. 12Cancellation and carry-over of appropriations Repealed
18. 13Detailed provisions on cancellation and carry-over of appropriations Repealed
19. 14Decommitments Repealed
20. 15Making appropriations corresponding to decommitments available again Repealed
21. 16Rules applicable in the event of late adoption of the budget Repealed
22. Chapter 3: Principle of equilibrium Repealed
23. 17Definition and scope Repealed
24. 18Balance from financial year Repealed
25. Chapter 4: Principle of unit of account Repealed
26. 19Use of euro Repealed
27. Chapter 5: Principle of universality Repealed
28. 20Scope Repealed
29. 21Assigned revenue Repealed
30. 22Structure to accommodate assigned revenue and provision of corresponding appropriations Repealed
31. 23Contributions from Member States to research programmes Repealed
32. 24Assigned revenue resulting from the participation of EFTA States in certain Union programmes Repealed
33. 25Donations Repealed
34. 26Corporate sponsorship Repealed
35. 27Rules on deductions and exchange rate adjustments Repealed
36. Chapter 6: Principle of specification Repealed
37. 28General provisions Repealed
38. 29Transfers by Union institutions other than the Commission Repealed
39. 30Transfers by the Commission Repealed
40. 31Transfer proposals submitted to the European Parliament and to the Council by Union institutions Repealed
41. 32Transfers subject to special provisions Repealed
42. Chapter 7: Principle of sound financial management and performance Repealed
43. 33Performance and principles of economy, efficiency and effectiveness Repealed
44. 34Evaluations Repealed
45. 35Compulsory financial statement Repealed
46. 36Internal control of budget implementation Repealed
47. Chapter 8: Principle of transparency Repealed
48. 37Publication of accounts and budgets Repealed
49. 38Publication of information on recipients and other information Repealed
50. Title III: ESTABLISHMENT AND STRUCTURE OF THE BUDGET Repealed
51. Chapter 1: Establishment of the budget Repealed
52. 39Estimates of revenue and expenditure Repealed
53. 40Estimated budget of the Union bodies referred to in Article 70 Repealed
54. 41Draft budget Repealed
55. 42Letter of amendment to the draft budget Repealed
56. 43Obligations of Member States as a result of the adoption of the budget Repealed
57. 44Draft amending budgets Repealed
58. 45Early transmission of estimates and draft budgets Repealed
59. Chapter 2: Structure and presentation of the budget Repealed
60. 46Structure of the budget Repealed
61. 47Budget nomenclature Repealed
62. 48Negative revenue Repealed
63. 49Provisions Repealed
64. 50Negative reserve Repealed
65. 51Emergency Aid Reserve Repealed
66. 52Presentation of the budget Repealed
67. 53Rules on the establishment plans for staff Repealed
68. Chapter 3: Budgetary discipline Repealed
69. 54Compliance with the multiannual financial framework and Decision 2014/335/EU, Euratom Repealed
70. 55Compliance of Union acts with the budget Repealed
71. Title IV: BUDGET IMPLEMENTATION Repealed
72. Chapter 1: General provisions Repealed
73. 56Budget implementation in accordance with the principle of sound financial management Repealed
74. 57Information on transfers of personal data for audit purposes Repealed
75. 58Basic act and exceptions Repealed
76. 59Budget implementation by Union institutions other than the Commission Repealed
77. 60Delegation of budget implementation powers Repealed
78. 61Conflict of interests Repealed
79. Chapter 2: Methods of implementation Repealed
80. 62Methods of budget implementation Repealed
81. 63Shared management with Member States Repealed
82. Chapter 3: European offices and Union bodies Repealed
83. European offices Repealed
84. 64Scope of competences of European offices Repealed
85. 65Appropriations regarding European offices Repealed
86. 66Non-obligatory tasks Repealed
87. 67Accounting records of European offices Repealed
88. Agencies and Union bodies Repealed
89. 68Applicability to the Euratom Supply Agency Repealed
90. 69Executive agencies Repealed
91. 70Bodies set up under the TFEU and the Euratom Treaty Repealed
92. 71Public-private partnership bodies Repealed
93. Chapter 4: Financial actors Repealed
94. Principle of segregation of duties Repealed
95. 72Segregation of duties Repealed
96. Authorising officer Repealed
97. 73Authorising officer Repealed
98. 74Powers and duties of the authorising officer Repealed
99. 75Keeping of supporting documents by authorising officers Repealed
100. 76Powers and duties of Heads of Union Delegations Repealed
101. Accounting officer Repealed
102. 77Powers and duties of the accounting officer Repealed
103. 78Appointment and termination of duties of the accounting officer Repealed
104. 79Powers which may be delegated by the accounting officer Repealed
105. 80Accounting rules Repealed
106. 81Organisation of the accounts Repealed
107. 82Keeping the accounts Repealed
108. 83Content and keeping of budget accounts Repealed
109. 84General accounts Repealed
110. 85Bank accounts Repealed
111. 86Treasury management Repealed
112. 87The inventory of assets Repealed
113. Imprest administrator Repealed
114. 88Imprest accounts Repealed
115. 89Creation and administration of imprest accounts Repealed
116. Chapter 5: Liability of financial actors Repealed
117. General rules Repealed
118. 90Withdrawal of delegation of powers to and suspension of duties of financial actors Repealed
119. 91Liability of financial actors for illegal activity, fraud or corruption Repealed
120. Rules applicable to authorising officers responsible Repealed
121. 92Rules applicable to authorising officers Repealed
122. 93Treatment of financial irregularities on the part of a member of staff Repealed
123. Rules applicable to accounting officers and imprest administrators Repealed
124. 94Rules applicable to accounting officers Repealed
125. 95Rules applicable to imprest administrators Repealed
126. Chapter 6: Revenue operations Repealed
127. Making own resources available Repealed
128. 96Own resources Repealed
129. Estimate of amounts receivable Repealed
130. 97Estimate of amounts receivable Repealed
131. Establishment of amounts receivable Repealed
132. 98Establishment of amounts receivable Repealed
133. 99Default interest Repealed
134. Authorisation of recovery Repealed
135. 100Authorisation of recovery Repealed
136. Recovery Repealed
137. 101Rules on recovery Repealed
138. 102Recovery by offsetting Repealed
139. 103Recovery procedure failing voluntary payment Repealed
140. 104Additional time for payment Repealed
141. 105Limitation period Repealed
142. 106National treatment for entitlements of the Union Repealed
143. 107Fines, other penalties, sanctions and accrued interest imposed by Union institutions Repealed
144. 108Recovery of fines, other penalties or sanctions imposed by Union institutions Repealed
145. 109Compensatory interests Repealed
146. Chapter 7: Expenditure operations Repealed
147. 110Financing decisions Repealed
148. 111Expenditure operations Repealed
149. 112Types of budgetary commitments Repealed
150. 113Commitments for EAGF appropriations Repealed
151. 114Time limits for commitments Repealed
152. 115Types of payments Repealed
153. 116Time limits for payments Repealed
154. Chapter 8: Internal auditor Repealed
155. 117Appointment of the internal auditor Repealed
156. 118Powers and duties of the internal auditor Repealed
157. 119Work programme of the internal auditor Repealed
158. 120Independence of the internal auditor Repealed
159. 121Liability of the internal auditor Repealed
160. 122Action before the Court of Justice of the European Union Repealed
161. 123Internal audit progress committees Repealed
162. Title V: COMMON RULES Repealed
163. Chapter 1: Rules applicable to direct, indirect and shared management Repealed
164. 124Scope Repealed
165. 125Forms of Union contribution Repealed
166. 126Cross-reliance on assessments Repealed
167. 127Cross-reliance on audits Repealed
168. 128Use of already available information Repealed
169. 129Cooperation for protection of the financial interests of the Union Repealed
170. Chapter 2: Rules applicable to direct and indirect management Repealed
171. Rules on procedures and management Repealed
172. 130Financial framework partnerships Repealed
173. 131Suspension, termination and reduction Repealed
174. 132Record-keeping Repealed
175. 133Adversarial procedure and means of redress Repealed
176. 134Interest rate rebates and guarantee fee subsidies Repealed
177. Early-detection and exclusion system Repealed
178. 135Protection of the financial interests of the Union by means of detection of risks, exclusion and imposition of financial penalties Repealed
179. 136Exclusion criteria and decisions on exclusions Repealed
180. 137Declaration and evidence of absence of an exclusion situation Repealed
181. 138Financial penalties Repealed
182. 139Duration of exclusion and limitation period Repealed
183. 140Publication of exclusion and financial penalties Repealed
184. 141Rejection from an award procedure Repealed
185. 142The early-detection and exclusion system Repealed
186. 143Panel Repealed
187. 144Functioning of the database for the early-detection and exclusion system Repealed
188. 145Exception applicable to the Joint Research Centre Repealed
189. IT systems and e-government Repealed
190. 146Electronic management of operations Repealed
191. 147e-Government Repealed
192. 148Electronic exchange systems Repealed
193. 149Submission of application documents Repealed
194. Chapter 3: Rules applicable to direct management Repealed
195. 150Evaluation committee Repealed
196. 151Clarification and correction of application documents Repealed
197. 152Guarantees Repealed
198. 153Guarantee on pre-financing Repealed
199. Title VI: INDIRECT MANAGEMENT Repealed
200. 154Indirect management Repealed
201. 155Implementation of Union funds and budgetary guarantees Repealed
202. 156Indirect management with international organisations Repealed
203. 157Indirect management with Member State organisations Repealed
204. 158Indirect management with third countries Repealed
205. 159Blending operations Repealed
206. Title VII: PROCUREMENT AND CONCESSIONS Repealed
207. Chapter 1: Common provisions Repealed
208. 160Principles applicable to contracts and scope Repealed
209. 161Annex on procurement and delegation of powers Repealed
210. 162Mixed contracts and common procurement vocabulary Repealed
211. 163Publicity measures Repealed
212. 164Procurement procedures Repealed
213. 165Interinstitutional procurement and joint procurement Repealed
214. 166Preparation of a procurement procedure Repealed
215. 167Award of contracts Repealed
216. 168Submission, electronic communication and evaluation Repealed
217. 169Contacts during the procurement procedure Repealed
218. 170Award decision and information to candidates or tenderers Repealed
219. 171Cancellation of the procurement procedure Repealed
220. 172Performance and modifications of the contract Repealed
221. 173Performance guarantees and retention money guarantees Repealed
222. Chapter 2: Provisions applicable to contracts awarded by Union institutions on their own account Repealed
223. 174The contracting authority Repealed
224. 175Thresholds applicable and standstill period Repealed
225. 176Rules on access to procurement Repealed
226. 177Procurement rules of the World Trade Organisation Repealed
227. Chapter 3: Provisions applicable for procurement in the field of external actions Repealed
228. 178External action procurement Repealed
229. 179Rules on access to procurement in the field of external actions Repealed
230. Title VIII: GRANTS Repealed
231. Chapter 1: Scope and form of grants Repealed
232. 180Scope and form of grants Repealed
233. 181Lump sums, unit costs and flat-rate financing Repealed
234. 182Single lump sums Repealed
235. 183Checks and controls on beneficiaries related to lump sums, unit costs and flat rates Repealed
236. 184Periodic assessment of lump sums, unit costs or flat-rates Repealed
237. 185Usual cost accounting practices of the beneficiary Repealed
238. 186Eligible costs Repealed
239. 187Affiliated entities and sole beneficiary Repealed
240. Chapter 2: Principles Repealed
241. 188General principles applicable to grants Repealed
242. 189Transparency Repealed
243. 190Co-financing Repealed
244. 191Principle of non-cumulative award and prohibition of double funding Repealed
245. 192No-profit principle Repealed
246. 193Principle of non-retroactivity Repealed
247. Chapter 3: Grant award procedure and grant agreement Repealed
248. 194Content and publication of calls for proposals Repealed
249. 195Exceptions to calls for proposals Repealed
250. 196Content of grant applications Repealed
251. 197Eligibility criteria Repealed
252. 198Selection criteria Repealed
253. 199Award criteria Repealed
254. 200Evaluation procedure Repealed
255. 201Grant agreement Repealed
256. Chapter 4: Implementation of grants Repealed
257. 202Amount of the grant and extension of audit findings Repealed
258. 203Supporting documents for payment requests Repealed
259. 204Financial support to third parties Repealed
260. 205Implementation contracts Repealed
261. Title IX: PRIZES Repealed
262. 206General rules Repealed
263. 207Rules of contest, award and publication Repealed
264. Title X: FINANCIAL INSTRUMENTS, BUDGETARY GUARANTEES AND FINANCIAL ASSISTANCE Repealed
265. Chapter 1: Common provisions Repealed
266. 208Scope and implementation Repealed
267. 209Principles and conditions applicable to financial instruments and budgetary guarantees Repealed
268. 210Financial liability of the Union Repealed
269. 211Provisioning of financial liabilities Repealed
270. 212Common provisioning fund Repealed
271. 213Effective provisioning rate Repealed
272. 214Annual reporting Repealed
273. Chapter 2: Specific provisions Repealed
274. Financial instruments Repealed
275. 215Rules and implementation Repealed
276. 216Financial instruments directly implemented by the Commission Repealed
277. 217Treatment of contributions from funds implemented under shared management Repealed
278. Budgetary guarantees Repealed
279. 218Rules for budgetary guarantees Repealed
280. 219Implementation of budgetary guarantees Repealed
281. Financial assistance Repealed
282. 220Rules and implementation Repealed
283. Title XI: CONTRIBUTIONS TO EUROPEAN POLITICAL PARTIES Repealed
284. 221General provisions Repealed
285. 222Principles Repealed
286. 223Budgetary aspects Repealed
287. 224Call for contributions Repealed
288. 225Award procedure Repealed
289. 226Form of contributions Repealed
290. 227Guarantees Repealed
291. 228Use of contributions Repealed
292. 229Report on the use of the contributions Repealed
293. 230Amount of the contribution Repealed
294. 231Control and penalties Repealed
295. 232Record keeping Repealed
296. 233Selection of external audit bodies or experts Repealed
297. Title XII: OTHER BUDGET IMPLEMENTATION INSTRUMENTS Repealed
298. 234Union trust funds for external actions Repealed
299. 235Implementation of Union trust funds for external actions Repealed
300. 236Use of budget support Repealed
301. 237Remunerated external experts Repealed
302. 238Non-remunerated experts Repealed
303. 239Membership fees and other payments of subscriptions Repealed
304. 240Expenditure on the members and staff of Union institutions Repealed
305. Title XIII: ANNUAL ACCOUNTS AND OTHER FINANCIAL REPORTING Repealed
306. Chapter 1: Annual accounts Repealed
307. Accounting framework Repealed
308. 241Structure of the accounts Repealed
309. 242Supporting documents Repealed
310. 243Financial statements Repealed
311. Budget implementation reports Repealed
312. 244Budget implementation reports Repealed
313. Annual accounts timetable Repealed
314. 245Provisional accounts Repealed
315. 246Approval of the final consolidated accounts Repealed
316. Chapter 2: Integrated financial and accountability reporting Repealed
317. 247Integrated financial and accountability reporting Repealed
318. Chapter 3: Budgetary and other financial reporting Repealed
319. 248Monthly reporting on budget implementation Repealed
320. 249Annual report on budgetary and financial management Repealed
321. 250Annual report on financial instruments, budgetary guarantees and financial assistance Repealed
322. 251Status report on accounting issues Repealed
323. 252Reporting on Union trust funds for external actions Repealed
324. 253Publication of information on recipients Repealed
325. Title XIV: EXTERNAL AUDIT AND DISCHARGE Repealed
326. Chapter 1: External audit Repealed
327. 254External audit by the Court of Auditors Repealed
328. 255Rules and procedure on the audit Repealed
329. 256Checks on securities and cash Repealed
330. 257Court of Auditors’ right of access Repealed
331. 258Annual report of the Court of Auditors Repealed
332. 259Special reports of the Court of Auditors Repealed
333. Chapter 2: Discharge Repealed
334. 260Timetable of the discharge procedure Repealed
335. 261The discharge procedure Repealed
336. 262Follow-up measures Repealed
337. 263Specific provisions regarding the EEAS Repealed
338. Title XV: ADMINISTRATIVE APPROPRIATIONS Repealed
339. 264General provisions Repealed
340. 265Payments made in advance Repealed
341. 266Specific provisions regarding building projects Repealed
342. 267Early information procedure and prior approval procedure Repealed
343. Title XVI: INFORMATION REQUESTS AND DELEGATED ACTS Repealed
344. 268Information requests by the European Parliament and by the Council Repealed
345. 269Exercise of the delegation Repealed
346. Part TWO: AMENDMENTS TO SECTOR-SPECIFIC RULES Repealed
347. 270Amendments to Regulation (EU) No 1296/2013 Repealed
348. 271Amendments to Regulation (EU) No 1301/2013 Repealed
349. 272Amendments to Regulation (EU) No 1303/2013 Repealed
350. 273Amendments to Regulation (EU) No 1304/2013 Repealed
351. 274Amendments to Regulation (EU) No 1309/2013 Repealed
352. 275Amendments to Regulation (EU) No 1316/2013 Repealed
353. 276Amendments to Regulation (EU) No 223/2014 Repealed
354. 277Amendments to Regulation (EU) No 283/2014 Repealed
355. 278Amendment to Decision No 541/2014/EU Repealed
356. Part THREE: FINAL AND TRANSITIONAL PROVISIONS Repealed
357. 279Transitional provisions Repealed
358. 280Review Repealed
359. 281Repeal Repealed
360. 282Entry into force and application Repealed
361. Signature
362. Annex I Repealed
363. Chapter 1: Common provisions Repealed
364. Framework contracts and publicity Repealed
365. 1Framework contracts and specific contracts Repealed
366. 1.1The duration of a framework contract shall not exceed four years, save in exceptional cases duly justified in particular by the subject matter of the framework contract. Repealed
367. 1.2Where a framework contract is concluded with a single economic operator, the specific contracts shall be awarded within the limits of the terms laid down in the framework contract. Repealed
368. 1.3Where a framework contract is to be concluded with several economic operators (‘multiple framework contract’), it may take the form of separate contracts signed in identical terms with each contractor. Repealed
369. 1.4A multiple framework contract with reopening of competition shall be concluded with at least three economic operators, provided that there is a sufficient number of admissible tenders as referred to in point 29.3. Repealed
370. 1.5Division 1.5 Repealed
371. 1.6Division 1.6 Repealed
372. 2Division 2 Repealed
373. 2.1Division 2.1 Repealed
374. 2.2The contracting authority may make known its intentions of planned procurement for the financial year through the publication of a prior information notice. It shall cover a period equal to or less than 12 months from the date on which the notice is sent to the Publications Office of the European Union (the Publications Office). Repealed
375. 2.3The contracting authority shall send to the Publications Office an award notice on the results of the procedure no later than 30 days after the signature of a contract or framework contract with a value equal to or greater than the thresholds referred to in Article 175(1). Repealed
376. 2.4The contracting authority shall publish an award notice: Repealed
377. 2.5Division 2.5 Repealed
378. 2.6Division 2.6 Repealed
379. 3Division 3 Repealed
380. 3.1Division 3.1 Repealed
381. 3.2Division 3.2 Repealed
382. 3.3Contract award information shall contain the name of the contractor, the amount legally committed and the subject matter of the contract and, in the case of direct contracts and specific contracts, it shall comply with Article 38(3). Repealed
383. 3.4Division 3.4 Repealed
384. 4Publication of notices Repealed
385. 4.1Division 4.1 Repealed
386. 4.2The Publications Office shall publish the notices referred to in points 2 and 3 in the Official Journal of the European Union no later than: Repealed
387. 4.3Division 4.3 Repealed
388. 5Other forms of advertising Repealed
389. Procurement procedures Repealed
390. 6Minimum number of candidates and arrangements for negotiation Repealed
391. 6.1Division 6.1 Repealed
392. 6.2Division 6.2 Repealed
393. 6.3Points 6.1 and 6.2 shall not apply in the following cases: Repealed
394. 6.4Division 6.4 Repealed
395. 6.5During a negotiation, the contracting authority shall ensure equal treatment for all tenderers. Repealed
396. 6.6Division 6.6 Repealed
397. 7Innovation partnership Repealed
398. 7.1An innovation partnership shall aim at the development of an innovative product, service or innovative works and the subsequent purchase of the resulting works, supplies or services, provided that they correspond to the performance levels and maximum costs agreed between the contracting authorities and the partners. Repealed
399. 7.2Before launching an innovation partnership, the contracting authority shall consult the market as provided for in point 15 in order to ascertain that the work, supply or service does not exist on the market or as near-to-market development activity. Repealed
400. 7.3In the procurement documents, the contracting authority shall specify the arrangements applicable to intellectual property rights. Repealed
401. 8Design contests Repealed
402. 8.1Design contests shall be subject to the rules on advertising set out in point 2 and may include the award of prizes. Repealed
403. 8.2The jury shall be appointed by the authorising officer responsible. It shall be composed exclusively of natural persons who are independent of candidates in the contest. Where a particular professional qualification is required from candidates in a contest, at least one third of the members of the jury shall have the same or an equivalent qualification. Repealed
404. 8.3The proposals of the jury, based on the merits of each project, and its ranking and remarks, shall be recorded in a report signed by its members. Repealed
405. 8.4Division 8.4 Repealed
406. 9Dynamic purchasing system Repealed
407. 9.1Division 9.1 Repealed
408. 9.2Division 9.2 Repealed
409. 9.3The contracting authority shall give any economic operator, throughout the period of validity of the dynamic purchasing system, the possibility of requesting to participate in the system. It shall complete its evaluation of such requests within 10 working days of their receipt. That deadline may be prolonged to 15 working days where justified. However, the contracting authority may extend the evaluation period provided that no invitation to tender is issued in the meantime. Repealed
410. 9.4Division 9.4 Repealed
411. 9.5The contracting authority shall indicate the period of validity of the dynamic purchasing system in the contract notice. Repealed
412. 10Competitive dialogue Repealed
413. 10.1The contracting authority shall specify its needs and requirements, the award criteria and an indicative timeframe in the contract notice or in a descriptive document. Repealed
414. 10.2The contracting authority shall open a dialogue with the candidates satisfying the selection criteria in order to identify and define the means best suited to satisfying its needs. It may discuss all aspects of the procurement with the selected candidates during that dialogue but it cannot alter its needs and requirements and award criteria as provided for in point 10.1. Repealed
415. 10.3The contracting authority shall continue the dialogue until it can identify the solution or solutions which are capable of meeting its needs. Repealed
416. 10.4Division 10.4 Repealed
417. 11Use of a negotiated procedure without prior publication of a contract notice Repealed
418. 11.1Where the contracting authority uses the negotiated procedure without prior publication of a contract notice, it shall comply with the arrangements on negotiation set out in Article 164(4) and in point 6.5. Repealed
419. 11.2Division 11.2 Repealed
420. 11.3Division 11.3 Repealed
421. 11.4Division 11.4 Repealed
422. 12Use of a competitive procedure with negotiation or competitive dialogue Repealed
423. 12.1When the contracting authority uses the competitive procedure with negotiation or the competitive dialogue, it shall follow the arrangements on negotiation set out in Article 164(4) and in point 6.5. The contracting authority may use those procedures, regardless of the estimated value of the contract, in the following cases: Repealed
424. 12.2A tender shall be considered irregular in any of the following cases: Repealed
425. 12.3A tender shall be considered unacceptable in any of the following cases: Repealed
426. 12.4Division 12.4 Repealed
427. 13Procedure involving a call for expression of interest Repealed
428. 13.1For contracts with a value below the thresholds referred to in Article 175(1) or in Article 178(1), and without prejudice to points 11 and 12, the contracting authority may use a call for expression of interest to do either of the following: Repealed
429. 13.2The list drawn up following a call for expression of interest shall be valid for not more than four years from the date on which the notice referred to in point 3.1 is published. Repealed
430. 13.3Where a contract is to be awarded, the contracting authority shall invite all candidates or vendors entered on the relevant list or sub-list to do either of the following: Repealed
431. 14Middle, low and very low value contracts Repealed
432. 14.1Division 14.1 Repealed
433. 14.2Division 14.2 Repealed
434. 14.3Division 14.3 Repealed
435. 14.4Division 14.4 Repealed
436. 14.5Division 14.5 Repealed
437. 15Preliminary market consultation Repealed
438. 15.1Division 15.1 Repealed
439. 15.2Division 15.2 Repealed
440. 16Procurement documents Repealed
441. 16.1The procurement documents shall include the following: Repealed
442. 16.2The invitation to tender shall: Repealed
443. 16.3The tender specifications shall contain the following: Repealed
444. 16.4The draft contract shall: Repealed
445. 17Technical specifications Repealed
446. 17.1Technical specifications shall allow equal access of economic operators to the procurement procedures and not have the effect of creating unjustified obstacles to the opening up of procurement to competition. Repealed
447. 17.2The characteristics referred to in point 17.1 may include as appropriate: Repealed
448. 17.3The technical specifications shall be formulated in any of the following ways: Repealed
449. 17.4Division 17.4 Repealed
450. 17.5Where the contracting authority uses the option provided for in point (b) of point 17.3 to formulate technical specifications in terms of performance or of functional requirements, it shall not reject a tender which complies with a national standard transposing a European standard, a European technical approval, a common technical specifications, an international standard or technical reference systems established by a European standardisation body, if those specifications address the performance or functional requirements which it has laid down. Repealed
451. 17.6Where a contracting authority intends to purchase works, supplies or services with specific environmental, social or other characteristics, it may require a specific label or specific requirements from a label, provided that all of the following conditions are satisfied: Repealed
452. 17.7Division 17.7 Repealed
453. 17.8Unless justified by the subject matter of the contract, technical specifications shall not refer to a specific make or source, or a particular process which characterises the products or services provided by a specific economic operator, or to trade marks, patents, types or a specific origin or production with the effect of favouring or eliminating certain products or economic operators. Repealed
454. 18Exclusion and selection criteria Repealed
455. 18.1For the purpose of Article 137, the contracting authority shall accept the European Single Procurement Document (ESPD) referred to in Directive 2014/24/EU, or, failing that, a declaration on honour signed and dated. Repealed
456. 18.2The contracting authority shall indicate in the procurement documents the selection criteria, the minimum levels of capacity and the evidence required to prove that capacity. All requirements shall be related and proportionate to the subject matter of the contract. Repealed
457. 18.3With regard to capacity to pursue the professional activity, the contracting authority may require an economic operator to fulfil at least one of the following conditions: Repealed
458. 18.4When receiving requests to participate or tenders, the contracting authority shall accept the ESPD or, failing that, a declaration on honour stating that the candidate or tenderer fulfils the selection criteria. The requirement to submit an ESPD or a declaration on honour may be waived for very low value contracts. Repealed
459. 18.5The contracting authority may, depending on its assessment of risks, decide not to require evidence of the legal, regulatory, financial, economic, technical and professional capacity of economic operators in the following cases: Repealed
460. 18.6An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the legal nature of the links which it has with them. It shall in that case prove to the contracting authority that it will have at its disposal the resources necessary for the performance of the contract by producing a commitment by those entities to that effect. Repealed
461. 18.7The contracting authority shall verify whether the entities on whose capacity the economic operator intends to rely and the envisaged subcontractors, when subcontracting represents a significant part of the contract, fulfil the relevant selection criteria. Repealed
462. 18.8Division 18.8 Repealed
463. 18.9Division 18.9 Repealed
464. 19Economic and financial capacity Repealed
465. 19.1To ensure that economic operators possess the necessary economic and financial capacity to perform the contract, the contracting authority may require in particular that: Repealed
466. 19.2Division 19.2 Repealed
467. 19.3The contracting authority shall define in the procurement documents the evidence to be provided by an economic operator to demonstrate its economic and financial capacity. It may request in particular one or more of the following documents: Repealed
468. 20Technical and professional capacity Repealed
469. 20.1Division 20.1 Repealed
470. 20.2The contracting authority shall define in the procurement documents the evidence to be provided by an economic operator to demonstrate its technical and professional capacity. It may request one or more of the following documents: Repealed
471. 20.3Division 20.3 Repealed
472. 20.4Division 20.4 Repealed
473. 20.5Division 20.5 Repealed
474. 20.6Division 20.6 Repealed
475. 21Award criteria Repealed
476. 21.1Division 21.1 Repealed
477. 21.2The contracting authority shall specify in the procurement documents the relative weighting which it gives to each of the criteria chosen to determine the most economically advantageous tender except when using the lowest price method. Those weightings may be expressed as a range with an appropriate maximum spread. Repealed
478. 21.3Division 21.3 Repealed
479. 21.4Life-cycle costing shall cover parts or all of the following costs, to the extent relevant, over the life cycle of works, supplies or services: Repealed
480. 21.5Where the contracting authority assesses the costs using a life-cycle costing approach, it shall indicate in the procurement documents the data to be provided by the tenderers and the method which it will use to determine the life-cycle costs on the basis of those data. Repealed
481. 22Use of electronic auctions Repealed
482. 22.1The contracting authority may use electronic auctions, in which new prices, revised downwards, or new values concerning certain elements of tenders are presented. Repealed
483. 22.2In open, restricted or competitive procedures with negotiation, the contracting authority may decide that the award of a public contract is preceded by an electronic auction when the procurement documents can be established with precision. Repealed
484. 22.3The contracting authority which decides to hold an electronic auction shall state that fact in the contract notice. Repealed
485. 22.4All tenderers who have submitted admissible tenders shall be invited simultaneously by electronic means to participate in the electronic auction using the connections in accordance with the instructions. The invitation shall specify the date and time of the start of the electronic auction. Repealed
486. 22.5The invitation shall be accompanied by the outcome of a full evaluation of the relevant tender. Repealed
487. 22.6Division 22.6 Repealed
488. 22.7The contracting authority shall close an electronic auction in one or more of the following ways: Repealed
489. 22.8Division 22.8 Repealed
490. 23Abnormally low tenders Repealed
491. 23.1If, for a given contract, the price or costs proposed in a tender appears to be abnormally low, the contracting authority shall request in writing details of the constituent elements of the price or costs which it considers relevant and shall give the tenderer the opportunity to present its observations. Repealed
492. 23.2The contracting authority shall only reject the tender where the evidence supplied does not satisfactorily account for the low price or costs proposed. Repealed
493. 23.3Division 23.3 Repealed
494. 24Time limits for receipt of tenders and requests to participate Repealed
495. 24.1The time limits shall be longer than the minimum time limits set out in this point where tenders can only be drawn up after a visit to the site or after an on-the-spot consultation of the documents supporting the procurement documents. Repealed
496. 24.2Division 24.2 Repealed
497. 24.3Division 24.3 Repealed
498. 24.4Division 24.4 Repealed
499. 24.5Division 24.5 Repealed
500. 24.6In the procedures after a call for expression of interest referred to in point 13.1, the time limit shall be: Repealed
501. 24.7Division 24.7 Repealed
502. 25Access to procurement documents and time limit to provide additional information Repealed
503. 25.1The contracting authority shall offer direct access free of charge by electronic means to the procurement documents from the date of publication of the contract notice or, for the procedures without contract notice or referred to in point 13, from the date of dispatch of the invitation to tender. Repealed
504. 25.2The contracting authority shall provide additional information linked to the procurement documents simultaneously and in writing to all interested economic operators as soon as possible. Repealed
505. 25.3The contracting authority shall extend the time limit for receipt of tenders where: Repealed
506. 26Time limits in urgent cases Repealed
507. 26.1Where duly substantiated urgency renders impracticable the minimum time limits laid down in points 24.2 and 24.3 for open or restricted procedures, the contracting authority may set: Repealed
508. 26.2Division 26.2 Repealed
509. 27Electronic catalogues Repealed
510. 27.1Division 27.1 Repealed
511. 27.2Where the presentation of tenders in the form of electronic catalogues is accepted or required, the contracting authority shall: Repealed
512. 27.3Where a multiple framework contract has been concluded following the submission of tenders in the form of electronic catalogues, the contracting authority may provide that the reopening of competition for specific contracts takes place on the basis of updated catalogues by using one of the following methods: Repealed
513. 27.4When using the method referred to in point (b) of point 27.3, the contracting authority shall notify contractors of the date and time at which they intend to collect the information needed to constitute tenders adapted to the requirements of the specific contract in question and shall give contractors the possibility to refuse such collection of information. Repealed
514. 28Opening of tenders and requests to participate Repealed
515. 28.1Division 28.1 Repealed
516. 28.2Where the value of a contract is equal to or greater than the thresholds referred to in Article 175(1), the authorising officer responsible shall appoint a committee to open the tenders. The authorising officer may waive that obligation on the basis of a risk analysis when reopening competition within a framework contract and for the cases referred to in the second subparagraph of point 11.1 except points (d) and (g) of that subparagraph. Repealed
517. 28.3Division 28.3 Repealed
518. 28.4Division 28.4 Repealed
519. 28.5Division 28.5 Repealed
520. 28.6Division 28.6 Repealed
521. 29Evaluation of tenders and requests to participate Repealed
522. 29.1Division 29.1 Repealed
523. 29.2Division 29.2 Repealed
524. 29.3Division 29.3 Repealed
525. 30Results of the evaluation and award decision Repealed
526. 30.1The outcome of the evaluation shall be an evaluation report containing the proposal to award the contract. The evaluation report shall be dated and signed by the person or persons who carried out the evaluation or by the members of the evaluation committee. That report may be signed in an electronic system providing sufficient identification of the signatory. Repealed
527. 30.2The evaluation report shall contain the following: Repealed
528. 30.3The contracting authority shall take its award decision providing any of the following: Repealed
529. 30.4The authorising officer may merge the content of the evaluation report and the award decision into a single document and sign it in any of the following cases: Repealed
530. 30.5Division 30.5 Repealed
531. 31Information for candidates and tenderers Repealed
532. 31.1The contracting authority shall inform all candidates or tenderers, simultaneously and individually, by electronic means of decisions reached concerning the outcome of the procedure as soon as possible after any of the following stages: Repealed
533. 31.2Division 31.2 Repealed
534. 31.3When the contracting authority communicates by electronic means, information shall be deemed to have been received by candidates or tenderers if the contracting authority can prove to have sent it to the electronic address referred to in the tender or in the request to participate. Repealed
535. Chapter 2: Provisions applicable to contracts awarded by Union institutions on their own account Repealed
536. 32Central purchasing body Repealed
537. 32.1A central purchasing body may act as any of the following: Repealed
538. 32.2Division 32.2 Repealed
539. 33Lots Repealed
540. 33.1Division 33.1 Repealed
541. 33.2Where the subject matter of a contract is subdivided into several lots, each one being the subject of an individual contract, the total value of all the lots shall be taken into account for the overall evaluation pursuant to the applicable threshold. Repealed
542. 33.3Division 33.3 Repealed
543. 34Arrangements for estimating the value of a contract Repealed
544. 34.1The contracting authority shall estimate the value of a contract based on the total amount payable, including any form of options and any renewal. Repealed
545. 34.2For framework contracts and dynamic purchasing systems the value to be taken into account shall be the maximum value of all the contracts envisaged during the total duration of the framework contract or dynamic purchasing system. Repealed
546. 34.3For service contracts, account shall be taken of the following: Repealed
547. 34.4In the case of service contracts which do not specify a total price or of supply contracts for leasing, hire, rental or hire purchase of products, the basis for calculating the estimated contract value shall be: Repealed
548. 34.5In the case of service or supply contracts which are awarded regularly or are to be renewed within a given period, the basis for calculating the estimated contract value shall be any of the following: Repealed
549. 34.6Division 34.6 Repealed
550. 34.7In the case of concession contracts, the value shall be the estimated total turnover of the concessionaire generated over the duration of the contract. Repealed
551. 35Standstill period before signature of the contract Repealed
552. 35.1The standstill period shall run from either of the following dates: Repealed
553. 35.2The period set out in point 35.1 shall not apply in the following cases: Repealed
554. Chapter 3: Procurement in the field of external actions Repealed
555. 36Special provisions relating to thresholds and the arrangements for awarding contracts in the field of external actions Repealed
556. 37Advertising Repealed
557. 37.1Division 37.1 Repealed
558. 37.2Division 37.2 Repealed
559. 38Thresholds and procedures Repealed
560. 38.1The procurement procedures in the field of external actions shall be as follows: Repealed
561. 38.2The use of procurement procedures according to thresholds shall be as follows: Repealed
562. 38.3In the restricted procedure referred to in point (a) of point 38.1, the contract notice shall state the number of candidates who will be invited to submit tenders. For service contracts at least four candidates shall be invited. The number of candidates allowed to submit tenders shall be sufficient to ensure genuine competition. Repealed
563. 38.4Division 38.4 Repealed
564. 38.5Under the simplified procedure referred to in point (d) of point 38.1, the contracting authority shall draw up a list of at least three tenderers of its choice, without publication of a notice. Repealed
565. 38.6Division 38.6 Repealed
566. 39Use of the negotiated procedure for service, supply and works contracts Repealed
567. 39.1Contracting authorities may use the negotiated procedure with a single tender in the following cases: Repealed
568. 39.2Division 39.2 Repealed
569. 39.3Division 39.3 Repealed
570. 40Tender specifications Repealed
571. 41Time limits for procedures Repealed
572. 41.1Division 41.1 Repealed
573. 41.2Division 41.2 Repealed
574. 41.3Division 41.3 Repealed
575. 41.4In open procedures, the time limits for receipt of tenders, running from the date following that on which the contract notice is published, shall be at least: Repealed
576. 41.5In local open procedures, the time limits for receipt of tenders, running from the date when the contract notice is published, shall be at least: Repealed
577. 41.6Division 41.6 Repealed
578. Annex IIAnnex II Repealed