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
- 24.6.In the procedures after a call for expression of interest referred to in point 13.1, the time limit shall be:
- (a) no less than 10 days from the day following dispatch of the invitation to tender for receipt of tenders in the case of the procedure referred to in point (a) of point 13.1 and point (b)(i) of point 13.3;
- (b) no less than 10 days for receipt of requests to participate and no less than 10 days for receipt of tenders in the case of the two-step procedure referred to in point (b)(ii) of point 13.3.
- 24.7.The contracting authority may reduce the time limits for receipt of tenders by five days for the open or restricted procedures if it accepts that tenders may be submitted by electronic means.
25. Access to procurement documents and time limit to provide additional information
- 25.1.The 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.
- In justified cases, the contracting authority may transmit the procurement documents by other means it specifies if direct access by electronic means is not possible for technical reasons or if the procurement documents contain information of a confidential nature. In such cases, the second subparagraph of point 24.1 shall apply except in urgent cases as provided for in point 26.1.
- The contracting authority may impose on economic operators requirements aimed at protecting the confidential nature of information contained in the procurement documents. It shall announce those requirements as well as how access to the procurement documents concerned can be obtained.
- 25.2.The contracting authority shall provide additional information linked to the procurement documents simultaneously and in writing to all interested economic operators as soon as possible.
- The contracting authority shall not be bound to reply to requests for additional information made less than six working days before the deadline for receipt of tenders.
- 25.3.The contracting authority shall extend the time limit for receipt of tenders where:
- (a) it did not provide additional information at the latest six days before the deadline for the receipt of tenders although the economic operator requested it in good time;
- (b) it makes significant changes to the procurement documents.
26. Time limits in urgent cases
- 26.1.Where 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:
- (a) a time limit for the receipt of requests to participate or tenders in open procedures which shall not be less than 15 days from the date of dispatch of the contract notice;
- (b) a time limit for the receipt of tenders for restricted procedures which shall not be less than 10 days from the date of dispatch of the invitation to tender.
- 26.2.In urgent cases, the time limit set out in the first subparagraph of point 25.2 and in point (a) of point 25.3 shall be four days.
27. Electronic catalogues
- 27.1.Where the use of electronic means of communication is required, the contracting authority may require tenders to be presented in the format of an electronic catalogue or to include an electronic catalogue.
- 27.2.Where the presentation of tenders in the form of electronic catalogues is accepted or required, the contracting authority shall:
- (a) state so in the contract notice;
- (b) indicate in the procurement documents all the necessary information concerning the format, the electronic equipment used and the technical connection arrangements and specifications for the catalogue.
- 27.3.Where 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:
- (a) the contracting authority invites contractors to resubmit their electronic catalogues, adapted to the requirements of the specific contract in question;
- (b) the contracting authority notifies contractors that it intends to collect from the electronic catalogues which have already been submitted the information needed to constitute tenders adapted to the requirements of the specific contract in question, provided that the use of that method has been announced in the procurement documents for the framework contract.
- 27.4.When 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.
- The contracting authority shall allow for an adequate period between the notification and the actual collection of information.
- Before awarding the specific contract, the contracting authority shall present the collected information to the contractor concerned so as to give it the opportunity to contest or confirm that the tender thus constituted does not contain any material errors.
28. Opening of tenders and requests to participate
- 28.1.In open procedures, authorised representatives of tenderers may attend the opening session.
- 28.2.Where 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.
- The opening committee shall be made up of at least two persons representing at least two organisational entities of the Union institution concerned with no hierarchical link between them. To avoid any conflict of interests, those persons shall be subject to the obligations laid down in Article 61.
- In the representations or local units referred to in Article 150 or isolated in a Member State, if there are no separate entities, the requirement of organisational entities with no hierarchical link between them shall not apply.
- 28.3.For a procurement procedure launched on an interinstitutional basis, the opening committee shall be appointed by the authorising officer responsible from the Union institution responsible for the procurement procedure.
- 28.4.The contracting authority shall verify and ensure the integrity of the original tender, including the financial offer, and of the evidence of date and time of its receipt as provided for in Article 149(3) and (5) by any appropriate method.
- 28.5.In open procedures, where the contract is awarded under the lowest price or lowest cost methods in accordance with Article 167(4), the prices quoted in tenders satisfying the requirements shall be read out loud.
- 28.6.The written record of the opening of the tenders received shall be signed by the person or persons in charge of opening or by members of the opening committee. It shall identify those tenders which comply with Article 149 and those which do not, and shall give the grounds on which tenders were rejected as set out in Article 168(4). That record may be signed in an electronic system providing sufficient identification of the signatory.
29. Evaluation of tenders and requests to participate
- 29.1.The authorising officer responsible may decide that the evaluation committee is to evaluate and rank the tenders on the basis of the award criteria only and that the exclusion and selection criteria are to be evaluated by other appropriate means guaranteeing the absence of conflicts of interests.
- 29.2.For a procurement procedure launched on an interinstitutional basis, the evaluation committee shall be appointed by the authorising officer responsible from the Union institution responsible for the procurement procedure. The composition of the evaluation committee shall reflect, in so far as possible, the interinstitutional character of the procurement procedure.
- 29.3.Requests to participate and tenders which are suitable under point 11.2 and neither irregular under point 12.2 nor unacceptable under point 12.3 shall be considered admissible.
30. Results of the evaluation and award decision
- 30.1.The 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.
- If the evaluation committee was not given responsibility to verify the tenders against the exclusion and selection criteria, the evaluation report shall also be signed by the persons who were given that responsibility by the authorising officer responsible.
- 30.2.The evaluation report shall contain the following:
- (a) the name and address of the contracting authority, and the subject matter and value of the contract, or the subject matter and maximum value of the framework contract;
- (b) the names of the candidates or tenderers rejected and the reasons for their rejection by reference to a situation referred to in Article 141(1) or to selection criteria;
- (c) the references to the tenders rejected and the reasons for their rejection by reference to any of the following:
- (i) non-compliance with minimum requirements as set out in point (a) of Article 167(1);
- (ii) not meeting the minimum quality levels laid down in point 21.3;
- (iii) tenders found to be abnormally low as referred to in point 23;
- (d) the names of the candidates or tenderers selected and the reasons for their selection;
- (e) the names of the tenderers to be ranked with the scores obtained and their justifications;
- (f) the names of the proposed candidates or successful tenderer and the reasons for that choice;
- (g) if known, the proportion of the contract or the framework contract which the proposed contractor intends to subcontract to third parties.
- 30.3.The contracting authority shall take its award decision providing any of the following:
- (a) an approval of the evaluation report containing all the information listed in point 30.2 complemented by the following:
- (i) the name of the successful tenderer and the reasons for that choice by reference to the pre-announced selection and award criteria, including where appropriate the reasons for not following the recommendation provided in the evaluation report;
- (ii) in the case of negotiated procedure without prior publication, competitive procedure with negotiation or competitive dialogue, the circumstances referred to in points 11, 12 and 39 which justify their use;
- (b) where appropriate, the reasons why the contracting authority has decided not to award a contract.
- 30.4.The 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:
- (a) for procedures below the thresholds referred to in Article 175(1) where only one tender was received;
- (b) when reopening competition within a framework contract where no evaluation committee was nominated;
- (c) for cases referred to in points (c), (e), (f)(i), (f)(iii) and (h) of the second subparagraph of point 11.1 where no evaluation committee was nominated.
- 30.5.For a procurement procedure launched on an interinstitutional basis, the decision referred to in point 30.3 shall be taken by the contracting authority responsible for the procurement procedure.
31. Information for candidates and tenderers
- 31.1.The 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:
- (a) the opening phase for the cases referred to in Article 168(3);
- (b) a decision has been taken on the basis of exclusion and selection criteria in procurement procedures organised in two separate stages;
- (c) the award decision.
- In each case, the contracting authority shall indicate the reasons why the request to participate or tender has not been accepted and the available legal remedies.
- When informing the successful tenderer, the contracting authority shall specify that the decision notified does not constitute a commitment on its part.
- 31.2.The contracting authority shall communicate the information provided for in Article 170(3) as soon as possible and in any case within 15 days of receipt of a request in writing. When the contracting authority awards contracts on its own account, it shall use electronic means. The tenderer may also send the request by electronic means.
- 31.3.When 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.
- In such case, information shall be deemed to have been received by the candidate or tenderer on the date of dispatch by the contracting authority.
CHAPTER 2
Provisions applicable to contracts awarded by Union institutions on their own account
32. Central purchasing body
- 32.1.A central purchasing body may act as any of the following:
- (a) as wholesaler by buying, stocking and reselling supplies and services to other contracting authorities;
- (b) as intermediary by awarding framework contracts or operating dynamic purchasing systems that may be used by other contracting authorities as announced in the initial notice.
- 32.2.The central purchasing body shall carry out all procurement procedures using electronic means of communication.
33. Lots
- 33.1.Whenever appropriate, technically feasible and cost efficient, contracts shall be awarded in the form of separate lots within the same procedure.
- 33.2.Where 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.
- Where the total value of all the lots is equal to or greater than the thresholds referred to in Article 175(1), Article 163(1) and Articles 164 and 165 shall apply to each of the lots.
- 33.3.Where a contract is to be awarded in the form of separate lots, tenders shall be evaluated separately for each lot. If several lots are awarded to the same tenderer, a single contract covering those lots may be signed.
34. Arrangements for estimating the value of a contract
- 34.1.The contracting authority shall estimate the value of a contract based on the total amount payable, including any form of options and any renewal.
- This estimate shall be made at the latest when the contracting authority launches the procurement procedure.
- 34.2.For 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.
- For innovation partnerships, the value to be taken into account shall be the maximum estimated value of the research and development activities to take place during all stages of the envisaged partnership as well as of the works, supplies or services to be purchased at the end of the envisaged partnership.
- Where the contracting authority provides for payments to candidates or tenderers it shall take them into account when calculating the estimated value of the contract.
- 34.3.For service contracts, account shall be taken of the following:
- (a) in the case of insurance services, the premium payable and other forms of remuneration;
- (b) in the case of banking or financial services, the fees, commissions, interest and other types of remuneration;
- (c) in the case of design contracts, the fees, commissions payable and other forms of remuneration.
- 34.4.In 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:
- (a) in the case of fixed-term contracts:
- (i) where their duration is 48 months or less in the case of services or 12 months or less in the case of supplies, the total contract value for their duration;
- (ii) where their duration is more than 12 months in the case of supplies, the total value including the estimated residual value;
- (b) in the case of contracts without a fixed term or, in the case of services, for a duration exceeding 48 months, the monthly value multiplied by 48.
- 34.5.In 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:
- (a) the total actual value of successive contracts of the same type awarded during the preceding 12 months or the preceding financial year, adjusted, where possible, to take account of the changes in quantity or value which would occur in the course of the 12 months following the initial contract;
- (b) the total estimated value of successive contracts of the same type to be awarded during the financial year.
- 34.6.In the case of works contracts, account shall be taken not only of the value of the works but also of the estimated total value of the supplies and services needed to carry out the works and made available to the contractor by the contracting authority.
- 34.7.In the case of concession contracts, the value shall be the estimated total turnover of the concessionaire generated over the duration of the contract.
- The value shall be calculated using an objective method specified in the procurement documents, taking into account in particular:
- (a) the revenue from the payment of fees and fines by the users of the works or services other than those collected on behalf of the contracting authority;
- (b) the value of grants or any other financial advantages from third parties for the performance of the concession;
- (c) the revenue from sales of any assets which are part of the concession;
- (d) the value of all the supplies and services that are made available to the concessionaire by the contracting authority provided that they are necessary for executing the works or services;
- (e) the payments to candidates or tenderers.
35. Standstill period before signature of the contract
- 35.1.The standstill period shall run from either of the following dates:
- (a) the day after the simultaneous dispatch of the notifications to successful and unsuccessful tenderers by electronic means;
- (b) where the contract or framework contract is awarded pursuant to point (b) of the second subparagraph of point 11.1, the day after the award notice referred to in point 2.4 has been published in the Official Journal of the European Union.
- If necessary, the contracting authority may suspend the signature of the contract for additional examination if this is justified by the requests or comments made by unsuccessful or aggrieved candidates or tenderers or by any other relevant information received during the period set out in Article 175(3). In the case of suspension all the candidates or tenderers shall be informed within three working days following the suspension decision.
- Where the contract or framework contract cannot be signed with the successful envisaged tenderer, the contracting authority may award it to the following best tenderer.
- 35.2.The period set out in point 35.1 shall not apply in the following cases:
- (a) any procedure where only one tender has been submitted;
- (b) specific contracts based on a framework contract;
- (c) dynamic purchasing systems;
- (d) negotiated procedure without prior publications referred to in point 11 except for contracts awarded in accordance with point (b) of the second subparagraph of point 11.1.
CHAPTER 3
Procurement in the field of external actions
36. Special provisions relating to thresholds and the arrangements for awarding contracts in the field of external actions
Point 2, with the exception of point 2.5, points 3, 4 and 6, point (a) and points (c) to (f) of point 12.1, point 12.4, point 13.3, points 14 and 15, points 17.3 to 17.7, points 20.4 and 23.3, point 24, points 25.2 and 25.3, points 26, 28, and 29, with the exception of point 29.3, shall not apply to public contracts concluded by the contracting authorities referred to in Article 178(2) or on their behalf. Points 32, 33 and 34 shall not apply to procurement in the field of external actions. Point 35 shall apply to procurement in the field of external actions. For the purposes of the second subparagraph of point 35.1, the duration of the standstill period shall be the one set out in Article 178(1).
Implementation of the procurement provisions under this Chapter shall be decided by the Commission, including as regards the appropriate controls to be applied by the authorising officer responsible where the Commission is not the contracting authority.
37. Advertising
- 37.1.If applicable, the prior information notice for calls for tender following the restricted procedure or the open procedure as referred to, respectively, in points (a) and (b) of point 38.1, shall be sent to the Publications Office by electronic means as early as possible.
- 37.2.The award notice shall be sent when the contract is signed except where, if still necessary, the contract was declared secret or where the performance of the contract must be accompanied by special security measures, or when the protection of the essential interests of the Union or the beneficiary country so requires, and where the publication of the award notice is deemed not to be appropriate.
38. Thresholds and procedures
- 38.1.The procurement procedures in the field of external actions shall be as follows:
- (a) the restricted procedure as provided for in point (b) of Article 164(1);
- (b) the open procedure as provided for in point (a) of Article 164(1);
- (c) the local open procedure;
- (d) the simplified procedure;
- 38.2.The use of procurement procedures according to thresholds shall be as follows:
- (a) the open or restricted procedure may be used for:
- (i) service and supply contracts and service concession contracts with a value of at least EUR 300 000 ;
- (ii) works contracts and works concessions contracts with a value of at least EUR 5 000 000 ;
- (b) the local open procedure may be used for:
- (i) supply contracts with a value of at least EUR 100 000 and less than EUR 300 000 ;
- (ii) works contracts and works concessions contracts with a value of at least EUR 300 000 and less than EUR 5 000 000 ;
- (c) the simplified procedure may be used for:
- (i) service contracts, service concession contracts, works contracts and works concessions contracts with a value of less than EUR 300 000 ;
- (ii) supply contracts with a value of less than EUR 100 000 ;
- (d) contracts with a value of less than or equal to EUR 20 000 may be awarded on the basis of a single tender;
- (e) payments of amounts less than or equal to EUR 2 500 in respect of items of expenditure may be carried out simply as payment against invoices, without prior acceptance of a tender.
- 38.3.In 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.
- The list of selected candidates shall be published on the Commission’s website.
- If the number of candidates satisfying the selection criteria or the minimum capacity levels is less than the minimum number, the contracting authority may invite to submit a tender only those candidates who satisfy the criteria to submit a tender.
- 38.4.Under the local open procedure referred to in point (c) of point 38.1, the contract notice shall be published at least in the official gazette of the recipient State or in any equivalent publication for local invitations to tender.
- 38.5.Under 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.
- Tenderers for the simplified procedure may be chosen from a list of vendors as referred to in point (b) of point 13.1 advertised by a call for expression of interest.
- If, following consultation of the tenderers, the contracting authority receives only one tender that is administratively and technically valid, the contract may be awarded provided that the award criteria are met.
- 38.6.For legal services not covered in point (h) of the second subparagraph of point 11.1, the contracting authorities may use the simplified procedure, whatever is the estimated value of the contract.
39. Use of the negotiated procedure for service, supply and works contracts
- 39.1.Contracting authorities may use the negotiated procedure with a single tender in the following cases:
- (a) where the services are entrusted to public-sector bodies or to non-profit institutions or associations and relate to activities of an institutional nature or are designed to provide assistance to people in the social field;
- (b) where the tender procedure has been unsuccessful, that is to say, where no qualitatively and/or financially worthwhile tender has been received, in which case, after cancelling the tender procedure, the contracting authority may negotiate with one or more tenderers of its choice, from among those that took part in the invitation to tender, provided that the procurement documents are not substantially altered;
- (c) where a new contract has to be concluded after early termination of an existing contract.
- 39.2.For the purposes of point (c) of the second subparagraph of point 11.1, operations carried out in a crisis shall be considered to satisfy the test of extreme urgency. The authorising officer by delegation, where appropriate in concertation with the other authorising officers by delegation concerned, shall establish that a situation of extreme urgency exists and shall review his or her decision regularly having regard to the principle of sound financial management.
- 39.3.Activities of an institutional nature referred to in point (a) of point 39.1 shall include services directly linked to the statutory mission of the public sector bodies.
40. Tender specifications
By way of derogation from point 16.3, for all procedures involving a request to participate, the tender specifications may be split according to the two stages of the procedure and the first stage may contain only the information referred to in points (a) and (f) of point 16.3.
41. Time limits for procedures
- 41.1.For service contracts, the minimum time between the day following the date of dispatch of the letter of invitation to tender and the final date for receipt of tenders shall be 50 days. However, in urgent cases other time limits may be authorised.
- 41.2.Tenderers may put questions in writing before the closing date for receipt of tenders. The contracting authority shall provide the answers to the questions before the closing date for receipt of tenders.
- 41.3.In restricted procedures, the time limit for receipt of requests to participate shall be no less than 30 days from the date following that on which the contract notice is published. The period between the date following that on which the letter of invitation is sent and the final date for the receipt of tenders shall be no less than 50 days. However, in certain exceptional cases other time limits may be authorised.
- 41.4.In 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:
- (a) 90 days for works contracts;
- (b) 60 days for supply contracts.
- However, in certain exceptional cases other time limits may be authorised.
- 41.5.In local open procedures, the time limits for receipt of tenders, running from the date when the contract notice is published, shall be at least:
- (a) 60 days for works contracts;
- (b) 30 days for supply contracts.
- However, in certain exceptional cases other time limits may be authorised.
- 41.6.For the simplified procedures referred to in point (d) of point 38.1, candidates shall be allowed at least 30 days from the date of dispatch of the letter of invitation to tender in which to submit their tenders.
ANNEX II
Correlation table
| Regulation (EU, Euratom) No 966/2012 | This Regulation |
|---|---|
| Article 1(1) | Article 1 |
| Article 1(2) | Article 68 |
| Article 2 | Article 2 |
| Article 3 | Article 3 |
| Article 4 | Article 4 |
| Article 5 | Article 5 |
| Article 6 | Article 6 |
| Article 7 | Article 7 |
| Article 8 | Article 8 |
| Article 9 | Article 9 |
| Article 10 | deleted |
| Article 11 | Article 10 |
| Article 12 | Article 11 |
| Article 13 | Article 12 |
| Article 14 | Article 12(3) |
| Article 15 | Article 14 |
| Article 16 | Article 16 |
| Article 17 | Article 17 |
| Article 18 | Article 18 |
| Article 19 | Article 19 |
| Article 20 | Article 20 |
| Article 21 | Article 21 |
| Article 22 | Article 25 |
| Article 23 | Article 27 |
| Article 24 | Article 28 |
| Article 25 | Article 29 |
| Article 26 | Article 30 |
| Article 27 | Article 31 |
| Article 28 | Article 28(2) |
| Article 29 | Article 32 |
| Article 30 | Article 33 |
| Article 31 | Article 35 |
| Article 32 | Article 36 |
| Article 33 | Article 35(4) |
| Article 34 | Article 37 |
| Article 35 | Article 38 |
| Article 36 | Article 39 |
| Article 37 | Article 40 |
| Article 38 | Article 41 |
| Article 39 | Article 42 |
| Article 40 | Article 43 |
| Article 41 | Article 44 |
| Article 42 | Article 45 |
| Article 43 | Article 46 |
| Article 44 | Article 47 |
| Article 45 | Article 48 |
| Article 46 | Article 49 |
| Article 47 | Article 50 |
| Article 48 | Article 51 |
| Article 49 | Article 52 |
| Article 50 | Article 53 |
| Article 51 | Article 54 |
| Article 52 | Article 55 |
| Article 53 | Article 56 |
| Article 54 | Article 58 |
| Article 55 | Article 59 |
| Article 56 | Article 60 |
| Article 57 | Article 61 |
| Article 58 | Article 62 |
| Article 59 | Article 63 |
| Article 60 | Article 154 |
| Article 61 | Article 154 |
| Article 62 | Article 69 |
| Article 63 | Article 62(3) |
| Article 64 | Article 72 |
| Article 65 | Article 73 |
| Article 66 | Article 74 |
| Article 67 | Article 76 |
| Article 68 | Article 77 |
| Article 69 | Article 79 |
| Article 70 | Article 88 |
| Article 71 | Article 90 |
| Article 72 | Article 91 |
| Article 73 | Article 92 |
| Article 74 | Article 94 |
| Article 75 | Article 95 |
| Article 76 | Article 96 |
| Article 77 | Article 97 |
| Article 78 | Article 98 |
| Article 79 | Article 100 |
| Article 80 | Article 101 |
| Article 81 | Article 105 |
| Article 82 | Article 106 |
| Article 83 | Article 107 |
| Article 84(1) | Article 111(1) |
| Article 84(2) | Article 110(1) |
| Article 84(3) first subparagraph | Article 110(2) |
| Article 84(3) second subparagraph | Article 110(3)(e) |
| Article 85(1) first subparagraph | Point (8) of Article 2 |
| Article 85(1) second subparagraph | Point (37) of Article 2 |
| Article 85(1) third subparagraph | Article 111(2) |
| Article 85(2) | — |
| Article 85(3) | Article 112(1) |
| Article 85(4) | Article 112(2) |
| Article 86(1), (2) and (3) | Article 111(2) |
| Article 86(4) first subparagraph | Article 114(2) first subparagraph |
| Article 86(4) second subparagraph | Article 114(1) |
| Article 86(4) third subparagraph | Article 111(1) second subparagraph |
| Article 86(4) fourth subparagraph | Article 112(5) |
| Article 86(5) first subparagraph | Article 114(4) |
| Article 86(5) second subparagraph | Article 114(5) |
| Article 86(5) third subparagraph | Article 114(6) |
| Article 87(1) | Article 111(1) |
| Article 88 | Article 111(3) |
| Article 89(1) | Article 111(5) |
| Article 89(2) | — |
| Article 90 | Article 115 |
| Article 91 | Article 115(1) |
| Article 92 | Article 116 |
| Article 93 | Article 146 |
| Article 94 | Article 146 |
| Article 95 | Article 147 |
| Article 96 | Article 151 |
| Article 97 | Article 133 |
| Article 98 | Article 117 |
| Article 99 | Article 118 |
| Article 100 | Article 120 |
| Article 101 | Articles 2 and 162 |
| Article 102 | Article 160 |
| Article 103 | Article 163 |
| Article 104 | Article 164 |
| Article 104a | Article 165 |
| Article 105 | Article 166 |
| Article 105a | Article 135 |
| Article 106 | Articles 136 to 140 |
| Article 107 | Article 141 |
| Article 108 | Articles 142 and 143 |
| Article 110 | Article 167 |
| Article 111 | Article 168 |
| Article 112 | Article 169 |
| Article 113 | Article 170 |
| Article 114 | Article 171 |
| Article 114a | Article 172 |
| Article 115 | Article 173 |
| Article 116 | Article 131 |
| Article 117 | Article 174 |
| Article 118 | Article 175 |
| Article 119 | Article 176 |
| Article 120 | Article 177 |
| Article 121 | Article 180 |
| Article 122 | Article 187 |
| Article 123 | Article 125 |
| Article 124 | Article 181 |
| Article 125 | Articles 190, 191 and 193 |
| Article 126 | Article 186 |
| Article 127 | Article 190 |
| Article 128 | Article 189 |
| Article 129 | Article 191 |
| Article 130 | Article 193 |
| Article 131 | Article 196 |
| Article 132 | Article 198 |
| Article 133 | Article 200 |
| Article 134 | Articles 152 and 153 |
| Article 135(1), (5), (6) and (7) | Article 202 |
| Article 135(2), (3) and (4) | Article 131 |
| Article 135(8) and (9) | — |
| Article 136 | Article 132 |
| Article 137 | Articles 204 and 205 |
| Article 138 | Article 206 |
| Article 139 | Article 208 |
| Article 140 | Article 209 |
| Article 141 | Article 241 |
| Article 142 | Article 249 |
| Article 143 | Article 80 |
| Article 144 | Article 80 |
| Article 145 | Article 243 |
| Article 146 | Article 244 |
| Article 147 | Article 245 |
| Article 148 | Article 246 |
| Article 149 | Article 250 |
| Article 150 | Article 248 |
| Article 151 | Article 82(7), (8) and (9) |
| Article 152 | — |
| Article 153 | Article 84 |
| Article 154 | Article 84 |
| Article 155 | Article 243(3) |
| Article 156 | Article 80(3) |
| Article 157 | Article 87 |
| Article 158 | Article 254 |
| Article 159 | Article 255 |
| Article 160 | Article 256 |
| Article 161 | Article 257 |
| Article 162 | Article 258 |
| Article 163 | Article 259 |
| Article 164 | Article 260 |
| Article 165 | Article 261 |
| Article 166 | Article 262 |
| Article 167 | Article 263 |
| Article 168 | — |
| Article 169(1) | — |
| Article 169(2) | Article 12(1) |
| Article 169(3) | Article 12(2)(d) |
| Article 170(1) | — |
| Article 170(2) | Article 116(1) |
| Article 170(3) | Article 11(2) |
| Article 171(1) | Article 116(4) |
| Article 171(2) | Article 116(2) |
| Article 171(3) | Article 116(5) |
| Article 172 | Article 10(5)(a) |
| Article 173(1) | Article 30(1), third subparagraph |
| Article 173(2) | Article 31(5) |
| Article 174 | — |
| Article 175 | — |
| Article 176 | — |
| Article 177(1), (2) and (3) | — |
| Article 177(4) | Article 12(4)(b) |
| Article 177(5) | Article 10(5)(b) |
| Article 178(1) | Article 14(2) |
| Article 178(2) | Article 15(1) |
| Article 178(3) | Article 15(2) |
| Article 178a | — |
| Article 179(1) | Article 30(1)(f) |
| Article 179(2) and (3) | Article 31(2) |
| Article 180 | — |
| Article 181(1) | — |
| Article 181(2) | Article 21(2(b) |
| Article 181(3) | Article 30(1)(e) |
| Article 181(4) | Article 237(5) |
| Article 182 | Article 15(3) |
| Article 183(1) | Article 160(4) |
| Article 183(2) | Articles 12(4)(c) and 21(2)(g) |
| Article 183(3) | — |
| Article 183(4) | Article 145, Article 152(1)second subparagraph and Articles 167(2) and 176(2) |
| Article 183(5) | Article 160(5) |
| Article 183(6) | Article 30(1)(d) |
| Articles 184 and 185 | — |
| Article 186 | Article 236 |
| Article 187 | Articles 234 and 235 |
| Article 188 | — |
| Article 189(1) and (4) | — |
| Article 189(2) and (3) | Article 114(2) and (3) |
| Article 190 | Article 178 |
| Article 191 | Article 179 |
| Article 192 | Article 190(3) |
| Article 193 | — |
| Article 194 | Article 129 |
| Article 195 | Article 64 |
| Article 196 | Article 65 |
| Article 197 | Article 65(2) |
| Article 198 | Article 67 |
| Article 199 | Article 66(2) |
| Article 200 | Article 66(3) |
| Article 201 | Article 264 |
| Article 202 | Article 11(2) and Article 265 |
| Article 203 | Articles 264 and 266 |
| Article 204 | Article 237 |
| Article 204a | Article 221 |
| Article 204b | Article 222 |
| Article 204c | Article 223 |
| Article 204d | Article 224 |
| Article 204e | Article 225 |
| Article 204f | Article 225 |
| Article 204g | Article 226 |
| Article 204h | Article 226 |
| Article 204i | Article 226 |
| Article 204j | Article 227 |
| Article 204k | Article 228 |
| Article 204l | Article 229 |
| Article 204m | Article 230 |
| Article 204n | Article 231 |
| Article 204o | Article 232 |
| Article 204p | Article 233 |
| Article 205 | Article 279 |
| Article 206 | Article 268 |
| Article 207 | — |
| Article 208 | Article 70 |
| Article 209 | Article 71 |
| Article 210 | Article 269 |
| Article 211 | Article 280 |
| Article 212 | Article 281 |
| Article 213 | — |
| Article 214 | Article 282 |
[^E0001]: Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).
[^E0002]: Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).
[^E0003]: Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime and crisis management (OJ L 150, 20.5.2014, p. 112).
[^E0004]: Council Regulation (EU, Euratom) No 608/2014 of 26 May 2014 laying down implementing measures for the system of own resources of the European Union (OJ L 168, 7.6.2014, p. 29).
[^E0005]: Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).
[^E0006]: OJ C 373, 20.12.2013, p. 1.
[^E0007]: Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).
[^E0008]: Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
[^E0009]: Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (OJ L 11, 16.1.2003, p. 1).
[^E0010]: Regulation (EU) No 231/2014 of the European Parliament and of the Council of 11 March 2014 establishing an Instrument for Pre-accession Assistance (IPA II) (OJ L 77, 15.3.2014, p. 11).
[^E0011]: Regulation (EU) No 232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighbourhood Instrument (OJ L 77, 15.3.2014, p. 27).
[^E0012]: Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
[^E0013]: Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
[^E0014]: OJ C 316, 27.11.1995, p. 48.
[^E0015]: OJ C 195, 25.6.1997, p. 1.
[^E0016]: 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).
[^E0017]: Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
[^E0018]: Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
[^E0019]: Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3).
[^E0020]: Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).
[^E0021]: Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1).
[^E0022]: Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1).
[^E0023]: Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176 27.6.2013, p. 338).
[^E0024]: Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Vocabulary (CPV) (OJ L 340, 16.12.2002, p. 1).
[^E0025]: Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
[^E0026]: Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
[^E0027]: Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
[^E0028]: 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 (OJ L 193, 30.7.2018, p. 1).’;
[^E0029]: Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352, 24.12.2013, p. 1).
[^E0030]: Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352, 24.12.2013, p. 9).
[^E0031]: Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45).’;
[^E0032]: Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, p. 168).’;
[^E0033]: Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (OJ L 169, 1.7.2015, p. 1).’;
[^E0034]:
- (+)Managing authorities shall establish a system that records and stores individual participant data in computerised form as set out in Article 125(2)(d) of Regulation (EU) No 1303/2013. The data processing arrangements put in place by the Member States shall be in line with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31), in particular Articles 7 and 8 thereof.
- Data reported under the indicators marked with* are personal data according to Article 7 of Directive 95/46/EC. Their processing is necessary for compliance with the legal obligation to which the controller is subject (Article 7(c) of Directive 95/46/EC). For the definition of controller, see Article 2 of Directive 95/46/EC.
- Data reported under the indicators marked with** are a special category of data according to Article 8 of Directive 95/46/EC. Subject to the provision of suitable safeguards, Member States may, for reasons of substantial public interest, lay down exemptions in addition to those laid down in Article 8(2) of Directive 95/46/EC, either by national law or by decision of the supervisory authority (Article 8(4) of Directive 95/46/EC).
[^E0035]:
- (++)The data shall be collected at the level of smaller administrative units (local administrative units 2), in accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).’.
[^E0036]: 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 (OJ L 193, 30.7.2018, p. 1).’;
[^E0037]: 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 (OJ L 193, 30.7.2018, p. 1).’;
[^E0038]: Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ L 78, 26.3.1977, p. 17).
[^E0039]: Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173 12.6.2014, p. 349).
[^E0040]: Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).
[^E0041]: Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
[^E0042]: Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
[^E0043]: Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).
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