Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance)

• — the contract has not been concluded before the expiry of a period of at least 10 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers concerned if fax or electronic means are used or, if other means of communications are used, before the expiry of a period of either at least 15 calendar days with effect from the day following the date on which the contract award decision is sent to the tenderers concerned or at least 10 calendar days with effect from the day following the date of the receipt of the contract award decision.

Article 61

Infringements of this Title and alternative penalties

• — the imposition of fines on the contracting authority/entity, or,

• — the shortening of the duration of the contract,

Member States may confer on the review body broad discretion to take into account all the relevant factors, including the seriousness of the infringement, the behaviour of the contracting authority/entity and, in the cases referred to in Article 60(2), the extent to which the contract remains in force.

The award of damages does not constitute an appropriate penalty for the purposes of this paragraph.

Article 62

Time-limits

• (a) before the expiry of at least 30 calendar days with effect from the day following the date on which:
• — the contracting authority/entity published a contract award notice in accordance with Articles 30(3), 31 and 32, provided that this notice includes justification of the decision of the contracting authority/entity to award the contract without prior publication of a contract notice in the Official Journal of the European Union, or
• — the contracting authority/entity informed the tenderers and candidates concerned of the conclusion of the contract, provided that this information contains a summary of the relevant reasons as set out in Article 35(2), subject to Article 35(3). This option also applies to the cases referred to in Article 58(c); and

• (b) in any case, before the expiry of a period of at least 6 months with effect from the day following the date of the conclusion of the contract.

Article 63

Corrective mechanism

• (a) its confirmation that the infringement has been corrected;

• (b) a reasoned submission as to why no correction has been made; or

• (c) a notice to the effect that the contract award procedure has been suspended either by the contracting authority/entity on its own initiative or on the basis of the powers specified in Article 56(1)(a).

Article 64

Content of a notice for voluntary ex ante transparency

The notice referred to in the second indent of Article 60(4), the format of which shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 67(2), shall contain the following information:

• (a) the name and contact details of the contracting authority/entity;

• (b) a description of the object of the contract;

• (c) a justification of the decision of the contracting authority/entity to award the contract without prior publication of a contract notice in the Official Journal of the European Union;

• (d) the name and contact details of the economic operator in favour of which a contract award decision has been taken; and

• (e) where appropriate, any other information deemed useful by the contracting authority/entity.

TITLE V STATISTICAL OBLIGATIONS, EXECUTORY POWERS AND FINAL PROVISIONS

Article 65

Statistical obligations

In order to permit assessment of the results of applying this Directive, Member States shall forward to the Commission a statistical report, prepared in accordance with Article 66, addressing supply, services and works contracts awarded by contracting authorities/entities during the preceding year, by no later than 31 October of each year,

Article 66

Content of the statistical report

The statistical report shall specify the number and value of contracts awarded, by Member State or third country of the successful tenderer. It shall address, separately, supply, services and works contracts.

The data referred to in the first paragraph shall be broken down by procedure used and shall specify, for each procedure, supplies, services and works identified by group of the CPV nomenclature.

Where contracts have been concluded in accordance with the negotiated procedure without publication of a contract notice, the data referred to in the first paragraph shall also be broken down by the circumstances referred to in Article 28.

The content of the statistical report shall be determined in accordance with the advisory procedure referred to in Article 67(2).

Article 66a

Exercise of the delegation

Article 66b

Urgency procedure

Article 67

Committee procedure

Article 68

Revision of thresholds

• (a) the threshold established in Article 8(a) of this Directive to the revised threshold laid down in Article 16(a) of Directive 2004/17/EC;

• (b) the threshold established in Article 8(b) of this Directive to the revised threshold laid down in Article 16(b) of Directive 2004/17/EC.

The Commission is empowered to adopt delegated acts in accordance with Article 66a amending the thresholds as provided for in the first subparagraph.

Where it is necessary to revise the thresholds as provided for in the first subparagraph, and time constraints prevent the use of the procedure set in Article 66a and therefore imperative grounds of urgency so require, the procedure provided for in Article 66b shall apply to delegated acts adopted pursuant to this paragraph.

Article 69

Amendments

• (a) the procedures for the drawing-up, transmission, receipt, translation, collection and distribution of the notices referred to in Article 30 and the statistical reports provided for in Article 65;

• (b) the procedure for sending and publishing the data referred to in Annex VI on grounds of technical progress or for administrative reasons;

• (c) the list of registers, declarations and certificates set out in Annex VII, when, on the basis of notifications from Member States, this proves necessary.

• (a) the reference numbers in the CPV nomenclature set out in Annexes I and II, insofar as this does not change the material scope of this Directive, and the procedures for reference in the notices to particular headings in the CPV nomenclature within the categories of services listed in those Annexes;

• (b) the technical details and characteristics of the devices for electronic receipt referred to in points (a), (f) and (g) of Annex VIII.

Article 70

Amendment to Directive 2004/17/EC

The following Article shall be inserted in Directive 2004/17/EC:

‘Article 22a

Contracts in the fields of defence and security

This Directive shall not apply to contracts to which Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security ([^E0009]) applies, nor to contracts to which that Directive does not apply pursuant to Articles 8, 12 and 13 thereof.

Article 71

Amendment to Directive 2004/18/EC

Article 10 of Directive 2004/18/EC shall be replaced by the following:

‘Article 10

Contracts in the fields of defence and security

Subject to Article 296 of the Treaty, this Directive shall apply to public contracts awarded in the fields of defence and security, with the exception of contracts to which Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security ([^E0010]) applies.

This Directive shall not apply to contracts to which Directive 2009/81/EC does not apply pursuant to Articles 8, 12 and 13 thereof.

Article 72

Transposition

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 73

Review and reporting

Article 74

Entry into force

This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.

Article 75

Addressees

This Directive is addressed to the Member States.

ANNEX I

Services referred to in Articles 2 and 15

Category No	Subject	CPV Reference No
1	Maintenance and repair services	50000000-5, from 50100000-6 to 50884000-5 (except from 50310000-1 to 50324200-4 and 50116510-9, 50190000-3, 50229000-6, 50243000-0) and from 51000000-9 to 51900000-1
2	Foreign military-aid-related services	75211300-1
3	Defence services, military defence services and civil defence services	75220000-4, 75221000-1, 75222000-8
4	Investigation and security services	From 79700000-1 to 79720000-7
5	Land transport services	60000000-8, from 60100000-9 to 60183000-4 (except 60160000-7, 60161000-4), and from 64120000-3 to 64121200-2
6	Air transport services of passengers and freight, except transport of mail	60400000-2, from 60410000-5 to 60424120-3 (except 60411000-2, 60421000-5), from 60440000-4 to 60445000-9 and 60500000-3
7	Transport of mail by land and by air	60160000-7, 60161000-4, 60411000-2, 60421000-5
8	Rail transport services	From 60200000-0 to 60220000-6
9	Water transport services	From 60600000-4 to 60653000-0, and from 63727000-1 to 63727200-3
10	Supporting and auxiliary transport services	From 63100000-0 to 63111000-0, from 63120000-6 to 63121100-4, 63122000-0, 63512000-1 and from 63520000-0 to 6370000-6
11	Telecommunication services	From 64200000-8 to 64228200-2, 72318000-7, and from 72700000-7 to 72720000-3
12	Financial services: Insurance services	From 66500000-5 to 66720000-3
13	Computer and related services	From 50310000-1 to 50324200-4, from 72000000-5 to 72920000-5 (except 72318000-7 and from 72700000-7 to 72720000-3), 79342410-4, 9342410-4
14	Research and development services [^E0011] and evaluation tests	From 73000000-2 to 73436000-7
15	Accounting, auditing and bookkeeping services	From 79210000-9 to 79212500-8
16	Management consulting services [^E0012] and related services	From 73200000-4 to 73220000-0, from 79400000-8 to 79421200-3 and 79342000-3, 79342100-4, 79342300-6, 79342320-2, 79342321-9, 79910000-6, 79991000-7 and 98362000-8
17	Architectural services; engineering services and integrated engineering services; urban planning and landscape engineering services; related scientific and technical consulting services; technical testing and analysis services	From 71000000-8 to 71900000-7 (except 71550000-8) and 79994000-8
18	Building-cleaning services and property management services	From 70300000-4 to 70340000-6 and from 90900000-6 to 90924000-0
19	Sewage and refuse disposal services; sanitation and similar services	From 90400000-1 to 90743200-9 (except 90712200-3), from 90910000-9 to 90920000-2 and 50190000-3, 50229000-6, 50243000-0
20	Training and simulation services in the fields of defence and security	80330000-6, 80600000-0, 80610000-3, 80620000-6, 80630000-9, 80640000-2, 80650000-5, 80660000-8

Except research and development services referred to in Article 13(j).

Except arbitration and conciliation services.

ANNEX II

Services referred to in Articles 2 and 16

Category No	Subject	CPV Reference No
21	Hotel and restaurant services	From 55100000-1 to 55524000-9 and from 98340000-8 to 98341100-6
22	Supporting and auxiliary transport services	From 63000000-9 to 63734000-3 (except 63711200-8, 63712700-0, 63712710-3), from 63727000-1 to 63727200-3 and 98361000-1
23	Legal services	From 79100000-5 to 79140000-7
24	Personnel placement and supply services [^E0013]	From 79600000-0 to 79635000-4 (except 79611000-0, 79632000-3, 79633000-0) and from 98500000-8 to 98514000-9
25	Health and social services	79611000-0 and from 85000000-9 to 85323000-9 (except 85321000-5, 85322000-2)
26	Other services

Except employment contracts.

ANNEX III

Definition of certain technical specifications referred to in Article 18

For the purposes of this Directive, the following definitions shall apply:

• 1. • (a) ‘Technical specifications’, in the case of works contracts: the totality of the technical prescriptions contained in particular in the tender documents, defining the characteristics required of a material, product or supply, which permits a material, a product or a supply to be described in a manner such that it fulfils the use for which it is intended by the contracting authority/entity. These characteristics shall include levels of environmental performance, design for all requirements (including accessibility for people with disabilities) and conformity assessment, performance, safety or dimensions, including the procedures concerning quality assurance, terminology, symbols, testing and test methods, packaging, marking and labelling and production processes and methods. They shall also include rules relating to design and costing, the test, inspection and acceptance conditions for works and techniques or methods of construction and all other technical conditions which the contracting authority/entity is in a position to prescribe, under general or specific regulations, in relation to the finished works and to the materials or parts which they involve;
• (b) ‘Technical specification’, in the case of supply or service contracts: a specification in a document defining the required characteristics of a product or service, such as quality and environmental performance levels, design for all requirements (including accessibility for people with disabilities), and conformity-assessment, performance, use of the product, its safety or dimensions, including requirements relevant to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking and labelling, user instructions, production methods and procedures, as well as conformity assessment procedures;

• 1. ‘Standard’: a technical specification approved by a recognised standardisation body for repeated or continuous application, compliance with which is not compulsory, from one of the following categories:
• — international standard: a standard adopted by an international standards organisation and made available to the general public,
• — European standard: a standard adopted by a European standardisation body and made available to the general public,
• — national standard: a standard adopted by a national standards organisation and made available to the general public,

• 1. ‘Defence standard’: a technical specification the observance of which is not compulsory and which is approved by a standardisation body specialising in the production of technical specifications for repeated or continuous application in the field of defence;

• 1. ‘European technical approval’: a favourable technical assessment of the fitness for use of a product for a specific purpose, based on fulfilment of the essential requirements for building works, by means of the inherent characteristics of the product and the defined conditions of application and use. European technical approvals are issued by an approval body designated for this purpose by the Member State;

• 1. ‘Common technical specification’: a technical specification laid down in accordance with a procedure recognised by Member States which has been published in the Official Journal of the European Union;

• 1. ‘Technical reference’: any product produced by European standardisation bodies, other than official standards, according to procedures adapted to developments in market needs.

ANNEX IV

Information to be included in the notices referred to in Article 30

NOTICE OF PUBLICATION OF A PRIOR INFORMATION NOTICE ON A BUYER PROFILE

• 1. Country of the contracting authority/entity

• 1. Name of the contracting authority/entity

• 1. Internet address of the ‘buyer profile’ (URL)

• 1. CPV nomenclature reference no(s)

PRIOR INFORMATION NOTICE

• 1. The name, address, fax number and e-mail address of the contracting authority/entity and, if different, of the service from which additional information may be obtained and, in the case of services and works contracts, of the departments, e.g. the relevant governmental Internet site, from which information can be obtained concerning the general regulatory framework for taxes, environmental protection, employment protection and working conditions applicable in the place where the contract is to be performed.

• 1. Where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes.

• 1. In the case of works contracts: the nature and extent of the works and the place of execution; if the work is to be subdivided into several lots, the essential characteristics of those lots by reference to the work; if available, an estimate of the range of the cost of the proposed works; CPV nomenclature reference no(s). In the case of supply contracts: the nature and quantity or value of the products to be supplied, CPV nomenclature reference no(s). In the case of services contracts: the total value of the proposed purchases in each of the service categories, CPV nomenclature reference no(s).

• 1. Estimated date for initiating the award procedures in respect of the contract or contracts, in the case of service contracts by category.

• 1. Where appropriate, indicate whether a framework agreement is involved.

• 1. Where appropriate, other information.

• 1. Date of dispatch of the notice or of dispatch of the notice of publication of the prior information notice on the buyer profile.

CONTRACT NOTICES

Restricted procedures, negotiated procedures with publication of a contract notice and competitive dialogues:

• 1. Name, address, telephone and fax number, e-mail address of the contracting authority/entity.

• 1. Where appropriate, indication whether the contract is restricted to sheltered workshops, or whether its execution is restricted to the framework of protected job programmes.

• 1. • (a) The award procedure chosen;
• (b) Where appropriate, the reasons for use of the accelerated procedure (in restricted and negotiated procedures);
• (c) Where appropriate, indicate whether a framework agreement is involved;
• (d) Where appropriate, the holding of an electronic auction.

• 1. Form of the contract.

• 1. Place of execution/performance of the works, for delivery of products or of the provision of services.

• 1. • (a) Works contracts:
• — nature and extent of the works and general nature of the work. Indication in particular of options concerning supplementary works, and, if known, the provisional timetable for recourse to these options as well as the number of possible renewals, if any. If the work or the contract is subdivided into several lots, the size of the different lots; CPV nomenclature reference no(s),
• — information concerning the purpose of the work or the contract where the latter also involves the drawing up of projects,
• — in the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the works for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded.
• (b) Supply contracts:
• — nature of the products to be supplied, indicating in particular whether tenders are requested with a view to purchase, lease rental, hire or hire purchase or a combination of these, CPV nomenclature reference no(s). Quantity of products to be supplied, indicating in particular options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options as well as the number of renewals, if any; CPV nomenclature reference no(s),
• — in the case of regular or renewable contracts during the course of a given period, indication also, if known, of the timetable for subsequent contracts for intended purchases of supplies,
• — in the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the supplies for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded.
• (c) Service contracts:
• — category and description of the service. CPV nomenclature reference no(s). Quantity of services to be provided. Indication in particular of options concerning supplementary purchases and, if known, the provisional timetable for recourse to these options as well as the number of renewals, if any. In the case of renewable contracts over a given period, an estimate of the time frame, if known, for subsequent contracts for intended purchases of services. In the case of a framework agreement, indication also of the planned duration of the framework agreement, the estimated total value of the services for the entire duration of the framework agreement and, as far as possible, the value and the frequency of the contracts to be awarded,
• — indication of whether the execution of the service is reserved by law, regulation or administrative provision to a particular profession, Reference to the law, regulation or administrative provision,
• — indication of whether legal persons should indicate the names and professional qualifications of the staff to be responsible for the execution of the service,

• 1. If the contracts are subdivided into lots, indication of the possibility for economic operators of tendering for one, for several and/or for all the lots.

• 1. Admission or prohibition of variants.

• 1. Where applicable, indication of the percentage of the contract’s global value which is required to be subcontracted to third parties through a tendering procedure (Article 21(4)).

• 1. Where applicable, selection criteria regarding the personal situation of subcontractors that may lead to their exclusion, and required information proving that they do not fall within the cases justifying exclusion. Information and any necessary formalities for assessment of the minimum economic and technical capacities required of the subcontractors. Minimum level(s) of capacities possibly required.

• 1. Time-limit for completion of works/supplies/services or duration of the works/supply/services contract. Where possible, time-limit by which works will begin or time-limit by which delivery of supplies or services will begin.

• 1. Where applicable, particular conditions to which the performance of the contract is subject.

• 1. • (a) The final date for the receipt of requests to participate;
• (b) address to which they must be sent;
• (c) the language or languages in which they must be drawn up.

• 1. Where applicable, any deposits and guarantees required.

• 1. Main terms concerning financing and payment and/or references to the texts in which these are contained.

• 1. Where applicable, the legal form to be taken by the grouping of economic operators to which the contract is to be awarded.

• 1. Selection criteria regarding the personal situation of economic operators that may lead to their exclusion, and information required proving that they do not fall within the cases justifying exclusion. Selection criteria, information and any necessary formalities for assessment of the minimum economic and technical standards required of the economic operator. Minimum level(s) of standards possibly required.

• 1. In the case of framework agreements: the number and, where appropriate, proposed maximum number of economic operators which will be members of it and the duration of the framework agreement.

• 1. In the case of a competitive dialogue or a negotiated procedure with the publication of a contract notice, indication, if appropriate, of recourse to a staged procedure in order gradually to reduce the number of solutions to be discussed or tenders to be negotiated.

• 1. In the case of a restricted procedure, a negotiated procedure or a competitive dialogue, when recourse is had to the option of reducing the number of candidates to be invited to submit tenders, to engage in dialogue or to negotiate: minimum and, if appropriate, proposed maximum number of candidates and objective criteria to be used to choose that number of candidates.

• 1. Criteria referred to in Article 47 to be used for award of the contract: ‘lowest price’ or ‘most economically advantageous tender’. Criteria representing the most economically advantageous tender as well as their weighting or the criteria in descending order of importance shall be mentioned where they do not appear in the specifications or, in the event of a competitive dialogue, in the descriptive document.

• 1. Where appropriate, date(s) of publication of the prior information notice in accordance with the technical specifications of publication indicated in Annex VI or statement that no such publication was made.

• 1. Date of dispatch of the notice.

CONTRACT AWARD NOTICE

• 1. Name and address of the contracting authority/entity.

• 1. Award procedure chosen. In the case of a negotiated procedure without prior publication of a contract notice (Article 28), justification.

• 1. Works contracts: nature and extent of the services. Supply contracts: nature and quantity of products supplied, where appropriate, by the supplier; CPV nomenclature reference no(s). Service contracts: category and description of the service; CPV nomenclature reference no(s); quantity of services purchased.

• 1. Date of contract award.

• 1. Contract award criteria.

• 1. Number of tenders received.

• 1. Name and address of the successful economic operators.

• 1. Price or range of prices (minimum/maximum) paid.

• 1. Value of the tender (tenders) retained or the highest tender and lowest tender taken into consideration for the contract award.

• 1. Where appropriate, proportion of contract to be subcontracted to third parties and its value.

• 1. If appropriate, the reasons for the framework agreement lasting more than seven years.

• 1. Date of publication of the tender notice in accordance with the technical specifications for publication in Annex VI.

• 1. Date of dispatch of this notice.

ANNEX V

Information to be included in the subcontract notices referred to in Article 52

• 1. The name, address, fax number and e-mail address of the successful tenderer and, if different, of the service from which additional information may be obtained.

• 1. • (a) Place of execution/performance of the works, for delivery of products or of the provision of services;
• (b) nature, quantity and extent of the works and general nature of the work; CPV nomenclature reference no(s);
• (c) nature of the products to be supplied, indicating whether tenders are requested with a view to purchase, lease rental, hire or hire purchase or a combination of these, CPV nomenclature reference no(s);
• (d) category and description of service; CPV nomenclature reference no(s).

• 1. Any time-limit for completion imposed.

• 1. Name and address of the body from which the specifications and the additional documents may be requested.

• 1. • (a) Time-limit for the receipt of applications to participate and/or the receipt of tenders;
• (b) address to which they must be sent;
• (c) language(s) in which they must be written.

• 1. Any deposits or guarantees required.

• 1. Objective criteria which will be applied for selection of the subcontractors related to their personal situation or the assessment of their bid.

• 1. Any other information.

• 1. Date of dispatch of the notice.

ANNEX VI

FEATURES CONCERNING PUBLICATION

• 1. Publication of notices
• (a) The notices referred to in Articles 30 and 52 must be sent by the contracting authorities/entities or successful tenderers to the Publications Office of the European Union in the format referred to in Article 32. The prior information notices referred to in Article 30(1), first subparagraph, published on a buyer profile as described in point 2, must also use that format, as must the notice of such publication. The notices referred to in Articles 30 and 52 must be published by the Office for Publications Office of the European Union or by the contracting authorities/entities in the case of a prior information notice published on a buyer profile in accordance with the first subparagraph of Article 30(1). In addition, contracting authorities/entities may publish this information on the Internet on a ‘buyer profile’ as referred to in point 2;
• (b) the Office for Publications Office of the European Union shall give the contracting authority/entity the confirmation of publication referred to in Article 32(8).

• 1. Publication of supplementary information The buyer profile may include prior information notices as referred to in Article 30(1), first subparagraph, information on ongoing invitations to tender, scheduled purchases, contracts concluded, procedures cancelled and any useful general information, such as a contact point, a telephone and fax number, a postal address and an e-mail address.

• 1. Format and procedures for sending notices electronically The format and procedure for sending notices electronically are accessible at the Internet address ‘http://simap.europa.eu’.

ANNEX VII

REGISTERS ([^E0014])

PART A

Works contracts

The professional registers and corresponding declarations and certificates for each Member State are:

• — in Belgium the ‘Registre du Commerce’/‘Handelsregister’,

• — in Bulgaria, the ‘Търговски регистър’,

• — in the Czech Republic, the ‘obchodní rejstřík’,

• — in Denmark, the ‘Erhvervs- og Selskabsstyrelsen’,

• — in Germany, the ‘Handelsregister’ and the ‘Handwerksrolle’,

• — in Estonia, the ‘Registrite ja Infosüsteemide Keskus’,

• — in Ireland, the contractor may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name,

• — in Greece, the ‘Μητρώο Εργοληπτικών Επιχειρήσεων — MEΕΠ’ of the Ministry for Environment, Town and Country Planning and Public Works (Υ.ΠΕ.ΧΩ.Δ.Ε),

• — in Spain, the ‘Registro Oficial de Licitadores y Empresas Clasificadas del Estado’,

• — in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’,

• — in Croatia, ‘Sudski registar trgovačkih društava u Republici Hrvatskoj’ or ‘Obrtni registar Republike Hrvatske’,

• — in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’,

• — in Cyprus, the contractor may be requested to provide a certificate from the ‘Council for the Registration and Audit of Civil Engineering and Building Contractors (Συμβούλιο Εγγραφήςκαι Ελέγχου Εργοληπτών Οικοδομικών και Τεχνικών Έργων)’ in accordance with the Registration and Audit of Civil Engineering and Building Contractors Law,

• — in Latvia, the ‘Uzņēmumu reģistrs’,

• — in Lithuania, the ‘Juridinių asmenų registras’,

• — in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’,

• — in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’,

• — in Malta, the contractor obtains his ‘numru ta’ registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority,

• — in the Netherlands, the ‘Handelsregister’,

• — in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’,

• — in Poland, the ‘Krajowy Rejestr Sądowy’,

• — in Portugal, the ‘Instituto da Construção e do Imobiliário’ (INCI),

• — in Romania, the ‘Registrul Comerțului’,

• — in Slovenia, the ‘Sodni register’ and the ‘obrtni register’,

• — in Slovakia, the ‘Obchodný register’,

• — in Finland, the ‘Kaupparekisteri’/‘Handelsregistret’,

• — in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’,

• — in the United Kingdom, the contractor may be requested to provide a certificate from the Registrar of Companies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established in a specific place under a given business name.

PART B

Supply contracts

The relevant professional and trade registers and declarations and certificates are:

• — in Belgium the ‘Registre du Commerce’/‘Handelsregister’,

• — in Bulgaria, the ‘Търговски регистър’,

• — in the Czech Republic, the ‘obchodní rejstřík’,

• — in Denmark, the ‘Erhvervs- og Selskabsstyrelsen’,

• — in Germany, the ‘Handelsregister’ and the ‘Handwerksrolle’,

• — in Estonia, the ‘Registrite ja Infosüsteemide Keskus’,

• — in Greece, the ‘Βιοτεχνικό ή Εμπορικό ή Βιομηχανικό Επιμελητήριο’ and the ‘Μητρώο Κατασκευαστών Αμυντικού Υλικού’,

• — in Spain, the ‘Registro Mercantil’ or, in the case of non-registered individuals, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question,

• — in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’,

• — in Croatia, ‘Sudski registar trgovačkih društava u Republici Hrvatskoj’ or ‘Obrtni registar Republike Hrvatske’,

• — in Ireland, the supplier may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies that he is certified as incorporated or registered or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name,

• — in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’, and the ‘Registro delle commissioni provinciali per l’artigianato’,

• — in Cyprus, the supplier may be requested to provide a certificate from the ‘Registrar of Companies and Official Receiver’ (Έφορος Εταιρειών και ΕπίσημοςΠαραλήπτης) or, if this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name,

• — in Latvia, the ‘Uzņēmumu reģistrs’,

• — in Lithuania, the ‘Juridinių asmenų registras’,

• — in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’,

• — in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’,

• — in Malta: the supplier obtains his ‘numru ta’ registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority,

• — in the Netherlands, the ‘Handelsregister’,

• — in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’,

• — in Poland, the ‘Krajowy Rejestr Sądowy’,

• — in Portugal, the ‘Registro Nacional das Pessoas Colectivas’,

• — in Romania, the ‘Registrul Comerțului’,

• — in Slovenia, the ‘Sodni register’ and the ‘obrtni register’,

• — in Slovakia, the ‘Obchodný register’,

• — in Finland, the ‘Kaupparekisteri’/‘Handelsregistret’,

• — in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’,

• — in the United Kingdom, the supplier may be requested to provide a certificate from the Registrar of Companies stating that he is certified as incorporated or registered or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in a specific place under a given business name.

PART C

Service contracts

The relevant professional and trade registers and declarations and certificates are:

• — in Belgium, the ‘Registre du commerce/Handelsregister’ and the ‘Ordres professionels/Beroepsorden’,

• — in Bulgaria, the ‘Търговски регистър’,

• — in the Czech Republic, the ‘obchodní rejstřík’,

• — in Denmark, the ‘Erhvervs- og Selskabsstyrelsen’,

• — in Germany, the ‘Handelsregister’, the ‘Handwerksrolle’, the ‘Vereinsregister’, the ‘Partnerschaftsregister’ and the ‘Mitgliedsverzeichnisse der Berufskammern der Länder’,

• — in Estonia, the ‘Registrite ja Infosüsteemide Keskus’,

• — in Ireland, the service provider may be requested to provide a certificate from the Registrar of Companies or the Registrar of Friendly Societies or, if he is not so certified, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place under a given business name,

• — in Greece, the service provider may be asked to provide a declaration on the exercise of the profession concerned made on oath before a notary; in the cases provided for by existing national legislation, for the provision of research services as mentioned in Annex I, the professional register ‘Μητρώο Μελετητών’ and the ‘Μητρώο Γραφείων Μελετών’,

• — in Spain, the ‘Registro Oficial de Licitadores y Empresas Clasificadas del Estado’,

• — in France, the ‘Registre du commerce et des sociétés’ and the ‘Répertoire des métiers’,

• — in Croatia, ‘Sudski registar trgovačkih društava u Republici Hrvatskoj’ or ‘Obrtni registar Republike Hrvatske’,

• — in Italy, the ‘Registro della Camera di commercio, industria, agricoltura e artigianato’, the ‘Registro delle commissioni provinciali per l’artigianato’ or the ‘Consiglio nazionale degli ordini professionali’,

• — in Cyprus, the service provider may be requested to provide a certificate from the ‘Registrar of Companies and Official Receiver’ (Έφορος Εταιρειών και Επίσημος Παραλήπτης) or, if this is not the case, a certificate stating that the person concerned has declared on oath that he is engaged in the profession in question in the country in which he is established, in a specific place and under a given business name,

• — in Latvia, the ‘Uzņēmumu reģistrs’,

• — in Lithuania, the ‘Juridinių asmenų registras’,

• — in Luxembourg, the ‘Registre aux firmes’ and the ‘Rôle de la Chambre des métiers’,

• — in Hungary, the ‘Cégnyilvántartás’, the ‘egyéni vállalkozók jegyzői nyilvántartása’, some ‘szakmai kamarák nyilvántartása’ or, in the case of some activities, a certificate stating that the person concerned is authorised to be engaged in the commercial activity or profession in question,

• — in Malta: the service provider can obtain his ‘numru ta’ registrazzjoni tat-Taxxa tal-Valur Miżjud (VAT) u n-numru tal-licenzja ta’ kummerc’, and, in the case of a partnership or company, the relevant registration number as issued by the Malta Financial Services Authority,

• — in the Netherlands, the ‘Handelsregister’,

• — in Austria, the ‘Firmenbuch’, the ‘Gewerberegister’, the ‘Mitgliederverzeichnisse der Landeskammern’,

• — in Poland, the ‘Krajowy Rejestr Sądowy’,

• — in Portugal, the ‘Registro Nacional das Pessoas Colectivas’,

• — in Romania, the ‘Registrul Comerțului’,

• — in Slovenia, the ‘Sodni register’ and the ‘obrtni register’,

• — in Slovakia, the ‘Obchodný register’,

• — in Finland, the ‘Kaupparekisteri’/‘Handelsregistret’,

• — in Sweden, the ‘aktiebolags-, handels- eller föreningsregistren’,

• — in the United Kingdom, the service provider may be requested to provide a certificate from the Registrar of Companies or, if he is not so certified, a certificate stating that he has declared on oath that he is engaged in the profession in question in a specific place under a given business name.

ANNEX VIII

Requirements relating to devices for the electronic receipt of requests to participate and tenders

Devices for the electronic receipt of requests for participation and tenders must at least guarantee, through appropriate technical means and procedures, that:

• (a) electronic signatures relating to requests to participate and tenders comply with national provisions adopted pursuant to Directive 1999/93/EC;

• (b) the exact time and date of the receipt of requests to participate and tenders can be determined precisely;

• (c) it may be reasonably ensured that, before the time-limits laid down, no-one can have access to data transmitted under these requirements;

• (d) if that access prohibition is infringed, it may be reasonably ensured that the infringement is clearly detectable;

• (e) only authorised persons may set or change the dates for opening data received;

• (f) during the various stages of the contract award procedure, access to all data submitted, or to part thereof, must be possible only through simultaneous action by authorised persons;

• (g) simultaneous action by authorised persons must give access to data transmitted only after the prescribed date;

• (h) data received and opened in accordance with these requirements must remain accessible only to persons authorised to acquaint themselves therewith.

[^E0001]: Joint Action 98/733/JHA of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (OJ L 351, 29.12.1998, p. 1).

[^E0002]: Council Act of 26 May 1997 drawing up, on the basis of Article K.3 (2) (c) of the Treaty on European Union, the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ C 195, 25.6.1997, p. 1).

[^E0003]: Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector (OJ L 192, 31.7.2003, p. 54).

[^E0004]: OJ C 316, 27.11.1995, p. 49.

[^E0005]: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).

[^E0006]: Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

[^E0007]: OJ L 123, 12.5.2016, p. 1.

[^E0008]: OJ L 185, 16.8.1971, p. 15.

[^E0009]: OJ L 217, 20.8.2009, p. 76 ’.

[^E0010]: OJ L 217, 20.8.2009, p. 76 ’.

[^E0014]: For the purposes of Article 40, ‘registers’ means those listed in this Annex and, where changes have been made at national level, the registers which have replaced them. This Annex is only indicative and does not prejudge the compatibility of these registers with Community law on the freedom of establishment and the freedom to provide services.