What changed between the plenary report and the adopted text

Added:(f) the following point is added:

Added:’29. “maintenance” means all actions taken to ensure the readiness and operational capability of military or sensitive equipment, in particular to retain equipment in or to restore it to specified conditions until the end of its use, including mission readiness, longevity and upgrades, customisation and specialisation, inspection, overhaul, testing, servicing, modifications, classification as to serviceability, repair, recovery, rebuilding, reclamation, salvage and cannibalisation.’;

Added:▌

Added:(2) Article 8 is amended as follows:

Added:(a) in point (a), ‘EUR 432 000’ is replaced by ‘EUR 2 000 000’;

Added:(b) in point (b), ‘EUR 5 404 000’ is replaced by ‘EUR 10 000 000’;

Added:(3) Article 9 is amended as follows:

Added:(a) the title is replaced by the following:

Added:‘Methods for calculating the estimated value of procurement’;

Added:(b) paragraph 5 is amended as follows:

Added:(i) in point (a), ‘EUR 80 000’ is replaced by ‘EUR 360 000’ and ‘EUR 1 000 000’ is replaced by 'EUR 1 800 000’;

Added:(ii) in point (b), ‘EUR 80 000’ is replaced by ‘EUR 360 000’;

Added:(c) paragraph 9 is replaced by the following:

Added:‘9. With regard to framework agreements and dynamic purchasing systems, the estimated value to be taken into consideration shall be the maximum estimated value, net of VAT, of all the contracts envisaged for the total term of the framework agreement or the dynamic purchasing system.’;

Added:(d) the following paragraph is added:

Added:’10. In the case of innovation partnerships, the value to be taken into consideration shall be the maximum estimated value, net of VAT, of the research and development activities to take place during all stages of the envisaged partnership as well as of the supplies, services or works to be developed and procured at the end of the envisaged partnership.’;

Added:(4) Article 10 is replaced by the following:

Added:‘Article 10

Added:Contracts and framework agreements awarded by central purchasing bodies

Added:1. Member States may provide that contracting authorities/entities may acquire works, supplies and/or services from or through a central purchasing body.

Added:Member States may also provide that contracting authorities/entities may acquire works, supplies and services by using contracts awarded by a central purchasing body, by using dynamic purchasing systems operated by a central purchasing body or, to the extent set out in Article 29(2), second subparagraph, by using a framework agreement concluded by a central purchasing body offering the centralised purchasing activity. Where a dynamic purchasing system which is operated by a central purchasing body may be used by other contracting authorities/entities, this shall be mentioned in the call for competition setting up that dynamic purchasing system.

Added:In relation to the first and second subparagraphs, Member States may provide that certain procurements are to be made by having recourse to central purchasing bodies or to one or more specific central purchasing bodies.

Added:2. Contracting authorities/entities which acquire works, supplies and/or services from or through a central purchasing body shall be deemed to have complied with this Directive insofar as:

Added:(a) the central purchasing body has complied with it, or,

Added:(b) when the central purchasing body is not a contracting authority/entity, the contract award rules applied by it comply with this Directive and the contracts awarded can be subject to efficient remedies comparable to those provided for in Title IV.

Added:Furthermore, a contracting authority/entity shall be deemed to have also fulfilled its obligations pursuant to this Directive where it acquires works, supplies or services by using contracts awarded by the central purchasing body, by using dynamic purchasing systems operated by the central purchasing body or, to the extent set out in Article 29(2), second subparagraph, by using a framework agreement concluded by the central purchasing body.

Added:However, the contracting authority/entity concerned shall be responsible for fulfilling the obligations pursuant to this Directive in respect of the parts it conducts itself, in particular:

Added:(a) awarding a contract under a dynamic purchasing system, which is operated by a central purchasing body;

Added:(b) conducting a reopening of competition under a framework agreement that has been concluded by a central purchasing body;

Added:(c) pursuant to Article 29(4), determining which of the economic operators, party to the framework agreement, shall perform a given task under a framework agreement that has been concluded by a central purchasing body.

Added:3. Contracting authorities/entities may, without applying the procedures provided for in this Directive, award a ▌ service contract for the provision of centralised purchasing activities to a central purchasing body.

Added:Such ▌ service contracts may also include the provision of ancillary purchasing activities.’;

Added:(5) the following Articles are inserted:

Added:‘Article 10a

Added:Procurement involving contracting authorities/entities from different Member States

Added:1. Contracting authorities/entities from different Member States may act jointly in the award of ▌ contracts in accordance with this Article.

Added:Contracting authorities/entities shall not use the provisions of this Article for the purpose of avoiding the application of mandatory public law provisions in conformity with Union law to which they are subject in their Member State.

Added:2. A Member State shall not prohibit its contracting authorities/entities from using centralised purchasing activities offered by central purchasing bodies located in another Member State or from offering centralised purchasing activities to contracting authorities/entities located in another Member State.

Added:In respect of centralised purchasing activities offered by a central purchasing body located in another Member State than the contracting authority/entity, Member States may specify that their contracting authorities/entities may only use the centralised purchasing activities as defined in either point (a) or (b) of Article 1, point (17a) ▌ .

Added:3. The provision of centralised purchasing activities by a central purchasing body located in another Member State shall be conducted in accordance with the national provisions of the Member State where the central purchasing body is located. This does not apply to European public bodies.

Added:The national provisions of the Member State where the central purchasing body is located shall also apply to:

Added:(a) the award of a contract under a dynamic purchasing system;

Added:(b) the conduct of a reopening of competition under a framework agreement; and

Added:(c) the determination of which of the economic operators party to the framework agreement shall perform a given task in cases of a framework agreement with several economic operators without reopening of competition.

Added:4. Several contracting authorities/entities from different Member States may jointly award a ▌ contract, conclude a framework agreement or operate a dynamic purchasing system. They may also, to the extent set out in Article 29(2), second subparagraph, award contracts based on the framework agreement or on the dynamic purchasing system.

Added:Unless the necessary elements have been regulated by an international agreement concluded between the Member States concerned, the participating contracting authorities/entities shall conclude an agreement that determines:

Added:(a) the responsibilities of the parties and the relevant applicable national provisions;

Added:(b) the internal organisation of the procurement procedure, including the management of the procedure, the distribution of the works, supplies or services to be procured, and the conclusion of contracts.

Added:A participating contracting authority/entity shall be deemed to have fulfilled its obligations pursuant to this Directive when it acquires works, supplies or services from a contracting authority/entity which is responsible for the procurement procedure. When determining responsibilities and the applicable national law as referred to in the second subparagraph, point (a), the participating contracting authorities/entities may allocate specific responsibilities among them and determine the applicable provisions of national law of any of their respective Member States. The allocation of responsibilities and the applicable national law shall be referred to in the procurement documents for jointly awarded ▌ contracts.

Added:5. Where several contracting authorities/entities from different Member States have set up a joint entity established under Union law, the participating contracting authorities/entities shall, by a decision of the competent body of the joint entity, agree on the applicable national procurement rules of one of the following Member States:

Added:(a) the national provisions of the Member State where the joint entity has its registered office;

Added:(b) the national provisions of the Member State where the joint entity is carrying out its activities.

Added:The agreement referred to in the first subparagraph may either apply for an undetermined period, when fixed in the constitutive act of the joint entity, or may be limited to a certain period of time, certain types of contracts or to one or more individual contract awards.

Added:Article 10b Occasional joint procurement

Added:1. Two or more contracting authorities/entities may agree to perform certain specific procurements jointly.

Added:2. Where the conduct of a procurement procedure in its entirety is carried out jointly in the name and on behalf of all the contracting authorities/entities concerned, they shall be jointly responsible for fulfilling their obligations pursuant to this Directive. This applies also in cases where one contracting authority/entity manages the procedure, acting on its own behalf and on the behalf of the other contracting authorities/entities concerned.

Added:Where the conduct of a procurement procedure is not in its entirety carried out in the name and on behalf of the contracting authorities/entities concerned, they shall be jointly responsible only for those parts carried out jointly. Each contracting authority/entity shall have sole responsibility for fulfilling its obligations pursuant to this Directive in respect of the parts it conducts in its own name and on its own behalf. ’;

Added:(6) in Article 13, points (c) and (d) are replaced by the following:

Added:‘(c) contracts awarded in the framework of a cooperative programme based on research and development, conducted jointly by at least two Member States for the development of a new product or an upgrade leading to substantial changes or substantial improvements of an existing product and, where applicable, the later phases of all or part of the life cycle of this product.

Added:Where a Member State becomes a full member of a cooperative programme after the completion of the research and development phase of that programme, for the later phases of the life cycle of the product, this Article shall apply to the joining Member State. A research and development project managed by Union institutions or bodies, implemented in accordance with Union rules and funded from the Union budget constitutes a cooperative programme conducted jointly by at least two Member States and can be continued for the phases after research and development phase, in which case contracts awarded in the framework of the follow-up programme may also be excluded under this Article;