Key Benefits:
PART A ' PROVISIONS OF POWERS OF MINISTER
ECONOMIC AND SOCIAL
Article 1 VAT rates
1. The par. Article 32 of the VAT Code (n. Regulation (EC) No 2859/2000 (1 248) shall be replaced by the following:
' 3. Where the amount of the deduction is greater than the tax due in the same period, the additional charge shall be transferred for a discount over a period of time or subject, in accordance with the provisions of Article 34, without prejudice to the limitation period. Provisions. '
2. The par. Article 33 of the VAT Code is replaced by the following:
' 1. The deduction of the tax charged on the basis of the VAT returns submitted is subject to final regulations in accordance with the total data for the period of time, where: a) this discount is greater than or less than
(b) following the submission of the VAT declarations referred to above, the person who had the right to act, b) following the submission of the above VAT returns,
Changes that had not been taken into account for the determination of the amount of rebates, in particular in the case of a discount on the price or cancellation of purchases. There shall be no settlement in cases of destruction, loss or theft which may be proven or justified, as well as in the case of gifts with a value of EUR 10 and coins made available for the purpose of the operation. '
3. At the end of the first subparagraph of paragraph 3. Article 33 of the VAT Code shall be added as follows:
' The arrangement shall be carried out each year for one fifth (1/ 5) of the charge borne by the asset, depending on the changes in the right of deduction. '
4. The last three verses of par. Article 33 of the VAT Code shall be repealed.
5. The sub-indent of paragraph 3 (a) of Article 33 shall be replaced by the following:
'(aa) for delivery which is subject to the tax'; 6. The case (i) case (b) of (b). Article 1
Article 34 of the VAT Code is replaced, as follows: ' (i) as a credit balance which is not
Shall be buried in a subsequent period for deduction or in the event of a transfer the deduction has not been made possible or, '.
7. The par. Article 34 of the VAT Code is applicable.
8 A. Article 38 of the VAT Code (v. Regulation (EC) No 2859/2000 is replaced by the following:
' Article 38 Declaration and related obligations
1. The persons liable for tax, transactions or transactions exempt from tax, for which they have the right to deduct input tax on the basis of the provisions of Article 30, must submit a VAT return for each tax period.
2. The tax period is defined as follows: (a) A calendar month in order for the
Debts which are obliged to keep records and to issue data on the basis of full accounting standards and to the public when it carries out activities for which it is subject to the tax.
MEMBER OF THE GREEK EXCERPT
First, From the Official Proceedings of KZ΄, 6 August 2014, No. Meetings of the Work Decorator of the Work
The following draft law was adopted by the House of Parliament:
Measures to support and develop the Greek economy, organisational issues of the Ministry of Economic Affairs and other provisions
(b) A calendar month for debtors who are subject to bookkeeping and publication of data on the basis of a simplified accounting system or for obligors, of which no book-keeping and data issuance are required. (c) A calendar for the next six months in order to ensure that the
Charges which belong to a special scheme by-cutting of the tax in accordance with Article 40. (d) A calendar year in the case of a debtor.
Those who are farmers of natural persons who do not have any other activity for which they are obliged to keep records and to issue data in accordance with tax legislation.
3. VAT returns are not submitted by the obligor who claim to be in an inactivity or a suspension of work, from the time of submission of a relevant declaration of intent.
4. The VAT return shall be submitted by the last working day of the month following the end of the tax period. Where the taxable person permanently interrupts the tax
The work of its business and carries out its economic activity outside the country, it is obliged at the time of the interruption to submit the VAT returns planned and to pay the tax due. In the case referred to in the preceding subparagraph, the Tax Administration may request any additional guarantee necessary.
5. Automatics, whose activity is governed by the provisions of Decree-Law No 2943/1954 (1 181), may not submit any VAT returns if they elect to deduct the income tax. The relevant selection declaration shall be made within thirty days of the start of the management period and cannot be withdrawn before a period of five years.
6. The tax difference resulting in the VAT return if it is positive and more than thirty (30) euro is paid to the public, if it is positive up to thirty (30) euro for payment in the next tax period, and if it is negative Shall be transferred for-loss or returned, as appropriate, in accordance with the provisions of Article 34. The obligation to pay the amount due shall expire on the last working day of the month in which the deadline for submitting the declaration expires. In particular for a long-term declaration and provided that the amount due exceeds the amount of EUR 100 (EUR 100), the taxable person may choose to pay the amount due in two (2) interest-free instalments. In this case, the amount of the second instalment shall be paid up to the last working day of the month following the submission of the forward declaration.
7. In the event of the importation of goods, the person liable shall lodge an import declaration or other customs document at the customs office of importation in accordance with the customs provisions.
8. The taxable person who acts in a restricted manner for which he is not entitled to a discount, the legal persons who are not subject to the tax in accordance with the provisions of Articles 2 and 3 of Article 3, as well as farmers Of the species;
Article 41, which takes into account intra-Community acquisitions of goods or services in respect of which they are liable for tax purposes, shall only be obliged to submit a VAT return on the tax periods during the period of validity of the goods or services in question. These transactions are carried out as above taxable transactions.
9. Any person making intra-Community acquisition of a new transport service is required to submit to the Customs Authority a special declaration on the payment of the tax charged on this acquisition. This declaration shall be submitted at the latest by
On the 10th day of the month after which the tax became chargeable and, in any event, prior to the issuance of a marketing authorisation for transport to the outside of the country by the competent authority, where applicable. This obligation also applies to persons whom
Are covered by the provisions of Article 11 (2), where they acquire goods, which are subject to excise duty in another Member State. Provisions relating to transport, subject to transport
In the case of a specific excise duty, the date for the submission of this specific declaration shall be that provided for in the excise duty.
10. The persons who become subject to the occasional delivery of a new transport obligation shall be required to submit a VAT return before the refund of the tax refund provided for in Article 34.
11. The special declaration in Article 36 (c) of Article 36 (4) shall be withdrawn in the case of the feeding of the contract, at the request of the tenderer, lodged with the same application for a penalty of the determination of the tax. In accordance with Article 56 (2) (a) of Article 56.
12. By decision of the General Secretariat of the Court of Justice of the European Union: (a) to be defined as more or less tax
A period which in any case may not be less than one month, not more than one month for the submission of the VAT return, (b) in cases of force majeure affecting
Tax administration, or in cases of natural disasters or other similar exceptional and dubious agreements affecting taxable persons, a different deadline for the submission of the VAT return, or the extension of the deadline for the submission of VAT, (i) to make the statement and recapitulative statements referred to in Article 36 (5) and (5) and (b) of Article 36, as well as a different deadline for payment of the tax. The decision to extend shall be signed no later than the expiry of the prescribed time-limit and shall be valid from the time of signature. (c) to define the procedure for the submission of declarations.
(d) to determine how the option is to be applied for VAT and the payment of the tax in accordance with paragraph 4, the amount of the guarantee, the conditions for its turn, and any other details necessary for the application of this paragraph.
Referred to in paragraph 5. '
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OTHER: The provisions of this paragraph shall apply to acts carried out as from 1.1.2015 and to the effect, except in the case of Article 38 (2) and paragraph 12 of Article 38 of the Code of VAT, to be replaced by the present law. In particular, the charge for the submission of a final VAT return is paid for management periods which expire after 1 January 2014.
9. The first paragraph of par. Article 37 of the EC Treaty Decision No 3182/2003
10. Article 39a of the VAT Code (v. (EC) No 2859/2000) add paragraph 4 as follows:
' 4. In cases where real estate operations are carried out in accordance with the provisions of Article 6 (1). 2b, to be entrusted to the authorities within the meaning of Presidential Decree 59/2007 (A΄ 63) and 60/2007 (' 64), provided that the above principles are masters of the works and taxable persons subject to the right of deduction, the tax shall be paid by the Customer. The person referred to in the preceding subparagraph shall have the right to deduct the input tax corresponding to the transactions in question, does not charge any tax to the taxable assets and shall be required to enter ' Article 39a, (i) obligated to pay the tax; yes the customer. '
Article 2 Code on the Code
Tax Process
1. Article 11 of the CAP (n. 4174/2013, 1 170), as applicable, paragraphs 4 and 5 are referred to in paragraphs 5 and 6 and added to paragraph 4 as follows:
' 4. The Tax Administration may suspend the use of a Tax Registry or deactivate it if there is any evidence to suggest that the taxpayer has ceased to pursue an economic activity or That he is committing tax evasion or that he has declared false or inaccurate evidence of his acquisition. The taxable person shall in any case have the right to prove that the conditions laid down in the preceding subparagraph are not met. '
2. In the existing paragraph 4 of Article 11, the sentence referred to in paragraph 5 shall be added as follows:
'(d) cases of suspension or deactivation of a Tax Registry, the consequences of recovery and deactivation, and any other details necessary for the implementation of paragraph 4.';
3. In Article 42 (2), a new subparagraph shall be added as follows:
" Especially for VAT return requests from underlying assets located within the country, the Tax Administration shall rule within four (4) months after receipt of the relevant request, unless the payment of supplementary information is required. O-when the deadline is extended to eight (8) months. '
4. Paragraph 1 of Article 36 shall be added as follows:
" In cases where some taxes are subject to submission of further statements, the issue of taxation
An act referred to in the preceding subparagraph may become five (5) years from the end of the year within which the deadline for the submission of the last statement shall end. '
5. Paragraph 27 of Article 66 of the CAP. (n. The words'as part of which those provisions have been repealed with the provisions of this Code' shall be inserted after the word '2013'.
6. Expenditure on the purchase of goods and services in par. Article 9 of the Law Regulation (EC) No 2238/1994, as well as medical and hospital care costs relating to Article 9 (3) of the same law, concerning the financial year 2014, shall be taken into account for the determination of the tax in accordance with its scale. Paragraph 1a of the same Article and law, even if it is included in a period of initial or amending statements of revenue.
Article 3 Agency arrangements for the Ministry of Economic Affairs
1. Introducing four hundred (400) organic non-personnel positions in the existing industry of the category of IP (Article 129 of the Law 284/1988-A ' 128, as applicable), which are added and add up to its organisational positions General Secretariat of the Ministry of Finance of the Ministry of Finance.
2. The indent (c) of paragraph 4 of the subpara graph C. 2 of the first paragraph of Article 1 (c). No 4254/2014 (1 85) is hereby repealed.
3. The true meaning of the case with the case-effect 2 of Subparagraph E. 2 of the first paragraph of Article 1 v. 4093/2012 (1 222) is: ' e. Directorate-General for General Affairs of the State and Regional Services of this State. '
Article 4 Reviews on the Bulletin of the Annex
And Staff Regulations
At the end of par. Article 1 (4) of the Law The following subparagraph shall be added: 4151/2013 (A-103):
' Elements of the official's Bulletin and Staff Regulations (CET) may be transferred from the Directorate-General for Pensions to the main, supplementary insurance and welfare bodies as well as the Equity Fund. Civil servants, on the Internet, provided that the staff member has an insurance period and to those bodies. This transfer shall be carried out using an electronic servant to be provided by the General Secretariat of the General Secretariat (GPA). '
Article 5 Amendments to laws 3 4 9 2/2 0 0 6, 4151/2013
And 4254/2014
1. (a) At the end of Article 6 of the Law Paragraph 6 (6) is added as follows:
' 6. In the Directorate-General for Financial Control, thirteen (13) Regional Offices of the Directorate-General for Control at the level of the Autonomous Office.
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To the respective seats of the regions of the country and direct directly to the Head of the Directorate-General. These offices are staffed by officials of the Economic and Financial Inspectors and Financial Officers. By decision of the Minister for Economic Affairs, each detail is set for the operation of the Financial Control Funds. '
(b) Article 9 of the Law No 3492/2006 is repealed. (c) The first subparagraph of paragraph 1. Point 1 of Article 10
N. It is hereby amended as follows: ' It is recommended that the Directorate-General for Financial E -
The Committee of the Regions, which is composed by a decision of the Minister for Legal Affairs, consists of the Head of DG as the President, the heads of the Directorates-General: (i) Ministries of Control, NPD and O.T.A. a 'and b'. (ii) Health and Social Solidarity Service (ii) Health and Social Solidarity Service providers, ICRC, NIFRS and Lips, (iii) Support and Communication, (iv) E-Financial Control and (v) Coordination and Control of Implementation of Financial Statements as well as two (2) persons from the public or private sector who have experience in the control of expenditure and management systems. This Decision specifies the members of the SE and its secretariat, which shall be staffed by officials of the above-mentioned addresses and shall set out any other matters relating to its operation. Anallo-for the subject under consideration, the rapporteur of the ESA is the competent Head of the Member State, who is part of the composition of the Commission without a vote. In the absence of the President of the Commission, the President of the Commission shall preside over the President of the Commission and his/her alternate shall act as a regular. '
(d) In par. Article 12 of the EC Treaty The following shall be added as follows: 3492/2006.
' (e) in the event of loss of recovery which has not been repaid, the statement of the import or the customs office or the customs office of the amount made available to them, while in the event of loss of letters, financial envelopes or other payment instruments, In order to be repaid, the redemption of such copies, in order to issue such copies, and in the event of loss of financial transactions or other payment instruments after the payment of such copies, in order to obtain a copy, in accordance with the ' applicable provisions. '
(e) At the end of Article 12 of the Law Regulation (EC) No 3492/2006 is added as follows:
' 6. Until the establishment of the Internal Audit Units referred to in Article 12 (1) and (2) of the Law. 3492/2006, the responsibilities referred to in paragraph 4 shall be exercised by officials of the Economic Inspectors' Industry, assigned by a decision of the Minister of Economic Affairs following a recommendation from the Internal Audit Unit of the Ministry of Finance. '
(f) At the end of the case referred to in Article 15 (1). No 3492/2006 shall enter into force and the phrase 'if deemed necessary' shall be inserted.
2. At the end of case b of par. (Parliament adopted the legislative resolution) The following subparagraph shall be added: 4151/2013 (A-103):
' Employees of the IP and TE, appointed for the first time in the General Accounting Office of the State and placed in the Directorates-General for Financial Control and Management and Control of the Co-financed Program by the European The Union, until their accession to the Registry of the Financial Auditors and Auditors of the SAD, may, by decision of the heads of the Directorates-General referred to above, carry out checks of their competence. '
3. (a) In the first subparagraph of sub-indent (d) (b) of paragraph 3 of the first paragraph of Article 1 v. The words "in point (b) of Article 1 (1) (2) (2) (1) (2) (2))" shall be replaced by the words "Financial Control".
(b) At the end of the provision in paragraph 6 (c) of paragraph (e) of the article. The following subparagraph 4254/2014 is added:
'The servants in these organisational positions shall carry out the checks referred to in Article 13 of N.4151/2013 (A' 103) and shall be taken into account in the Registry of the Financial Audits and the Board of Directors of the SAD to apply the provisions of the Articles. 11 and 12 of the same law. '
Article 6 Grant of agents of the General Government to repay their debt obligations
1. All agents of the General Government may be awarded by the State Budget solely for the purpose of repayment of their liabilities.
2. With the decisions of the Minister of Finance, the conditions, conditions and the financing procedure of the institutions and any other relevant provisions relating to the implementation of the previous paragraph shall be laid down.
Article 7 Public Offer and Intermediate Bulletin
1. Article 24 of the Law. 3401/2005 (1 257), paragraphs 3 and 4 are added, which reads as follows:
' 3. It shall be prohibited from natural or legal persons to public tender or to carry out, in any event, disclosures, disclosures, declarations or recoveries, for the purpose of attracting the public for the investment of funds to all types of securities; For the purposes of Article 2 (1) of this law, except where the public tenders for securities are subject to the application of this law, the authorisation is granted for the purposes of Article 2 (1) of this Law. A bulletin from the Securities and Exchange Commission, where appropriate, to the provisions of this law. Whereas, in any other case, the provisions of Articles 3 and 4 of this law have been drawn up and published in the Official Journal of the European Union, containing the provisions referred to in paragraph 5. Article 1 of this law, as at any other time, applies, data and information. The information sheet is approved by the Securities and Exchange Commission, except where the securities
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They are admitted to trading on an organised market or are part of a multi-trading mechanism operating in Greece, in which case the information sheet is approved by the organiser of the market or the multilateral mechanism. By undertaking, where appropriate.
4. Anyone with intent infringes the prohibition in Article 3 and paragraph 3 of this article, with a minimum of three (3) months of imprisonment. Since the entry into force of this paragraph, Article 10 of the Law has been repealed. 876/1979 (48). '
2. At the end of Article 8 of the Law. The following subparagraph is added: 3461/2006 (1 106)
' As a process of demilitarisation for the purposes of this law, the sale of securities shall be understood in accordance with the provisions of the Law. No 3049/2002 or 3986/2011. '
Article 8 Amendment of n. NO 2778/1999
1. At the end of par. Article 22 of the EC Treaty (2) a new paragraph shall be added as follows:
' The investments of the AEEAP in shares in companies of cases d and also relate to subject-matter, provided that the funds available to me in the formation of companies will have been invested in accordance with the conditions laid down in those cases. 12 (12) months from the date of investment of the AEEAP. In the case of investments of the companies in question, a detailed reference to the monthly investment situation of the ERIC is listed. '
2. Paragraphs 1, 2 and 3 of Article 26 of the Law. Decision No 2778/1999 are replaced by the following:
' 1. Loans from the ERCEA and the provision of credit to it shall be allowed, for amounts which, in their contract, will not exceed a maximum of 75 % of its assets. The first subparagraph of Article 22 (3) of the first subparagraph of Article 22 (3) of Article 22 (1) of the first subparagraph of Article 22 (3) of the first subparagraph of Article 22 (3) of the first subparagraph of Article 22 (3) of the first subparagraph of Article 22 (3) of the first subparagraph of Article 22 (3) of the first subparagraph of Article 22 (3) of the first subparagraph of Article 22 (3). Is also calculated on the assets of the underlying economic situation of the AEEAP. The symbol of the loans to be used for the removal of real estate of the ERIC or of the real estate of the entities referred to in Article 2 (d) and (f) and (g) of Article 22 (3) may not be used. Exceeds the amount indicated in the case referred to in Article 22 (2) (2). At the level of the borrower, the loans shall be included in Article 22 (3) of Article 22 (3). Exceptionally, the EEIG is allowed to recommend
A theatrical purpose for the purpose of borrowing and lending the loan funds for the financing of the AEEAP and/or the entities referred to in Article 22 (3) and (g) (3).
2. In order to ensure the loans and credits received by the AEOAP may be set up on the movable or immovable property of the EEIG.
3. The ERIC may conclude loans and purchase credits for the acquisition of real estate to be used for its operational needs, provided that the
The amount of the loans and credits, as a whole, does not exceed 10 % of the value of the total assets of the AEEP and the total amount of its investments in real estate. The amounts of these loans shall not be counted in the percentage referred to in paragraph 1. '
3. The par. Article 28 of the EC Treaty No 2778/1999 is replaced by a new paragraph 4, as follows:
' 3. Following the approval of the prospectus for the admission to trading of the shares of the AEEP in an organised market operating in El-lada, in accordance with the provisions of Article 23 of the Act, and subject to the conditions laid down therein, (i) the introduction of an import ban on the sale of immovable property belonging to: a) shareholders of the AEED holding, directly or indirectly,
As connected persons within the meaning of Article 42e (5) of Mr D. 2190/1920 or members of persons controlled by them, in accordance with Article 3 (1) of Article 3 (1). 3556/2007, at least five per cent (5 %) of the capital of the AEEAP and (b) members of the Board of Directors,
Directors or directors, spouses and relatives of up to and including a third degree of blood or stress, as well as in controlled by them, in the above sense, legal persons.
4. (a) The prohibition in paragraph 3 does not take into account the contribution of immovable property to the EEIG in the form of a recommendation or an increase in equity capital held up to and including the admission to trading of the shares of the AEEAP in an organised field which is (b) The prohibition in paragraph 3 shall not apply;
The transfer of immovable property to the EEAP or to the FEEP if the transfer is a legal person falling under paragraph 3a above and the following conditions are cumulatively met: aa) The value of the transferred assets Real estate, annual
On the basis of the above, it does not exceed 10 % of the total investment in the ERIC. (bb) Deduction of the transferred aki is performed;
In accordance with the provisions of Article 9 of Law 2190/1920, the valuation report shall be subject to the formalities of publicity referred to in Article 7b of Law 2190/1920 and shall be posted on the website at the same date as the publication of the notice. A request for a joint meeting of the general meeting of the next sub-indent. (cc) It shall be taken before the transfer is authorised.
A general meeting, which requires a majority of at least three quarters (3/ 4) of the shareholders who are present, with the exception of the shareholder to which the transferred immovable property or shareholder belongs to which the control relationship exists, in the sense Of the article 42e of mr. 2190/1920, with the stock in which the movable property belongs. '
Article 9 Setting up for the integration of directives
2010 /73/EU and 2011 /61/EU
1. In par. Article 21 of the EC Treaty 3401/2005
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(i) carry out on-the-spot checks, in accordance with the procedure laid down in Article 3 (2) of Regulation (EC) No 257.
In order to determine compliance with the provisions of this law and of decisions adopted under its authorisation, legislation shall be adopted. '
2. The first subparagraph of the subcase (aa) of the impact of the par. Article 3 of the Law 3556/2007 (1 91) is amended as follows:
' where the issuer has been established in the Union, the Member State in which it has its registered office. '
3. The par. Article 109 of the EC Treaty 4209/2013 (1 253) is replaced by the following:
' 2. Article 35 and Articles 37 to 40 shall apply after the entry into force of the act of the European Commission referred to in Article 67 (6) of Directive 2011 /61/EU. '
Article 10
1. The validity of the Ministry of Economic Affairs and the Deputy Minister for Economic Affairs and the Deputy Minister for Economic Affairs of the Minister for Economic Affairs and the Deputy Minister for Economic and Financial Affairs of the Minister for Economic Affairs; 1. It shall start from 17.2.2012 and shall be charged with the budget of the Securities and Exchange Commission 2014.
2. The validity of Joint Decision 23 /674/ 14.2.2014 of the Board of Directors of the Securities and Exchange Commission and of the Governor of the Bank of Greece, (v. 1617/19.6.2014), shall refer to its download time, i.e. on 14.2.2014. Operations and operations of the Committee of Inquiry concluded between 14.2.2014 and 17.4.2014 shall be considered as legal tender.
3. The validity of the Joint Decision 5/679/ 17.4.2014 of the Board of Directors of the Capital Market Commission and the Governor of the Bank of Greece, (v. 1617/19.6.2014), refers to the timing of its adoption on 17.4.2014. Operations and actions of the Examination Committee, carried out from 17.4.2014 until the entry into force of this law, shall be considered as legal tender.
4. At the end of par. Article 14 of the Law Having regard to Council Regulation (EEC) No 3606/2007 (1), the following two subparagraphs are added:
" In a joint decision of the Board of Directors of the Hellenic Capital Market Commission and the Governor of Trappe of Greece, a tripartite Committee has been set up, which is responsible for the formulation of the tests and the supervision of the conduct. Other: The same Decision lays down the remuneration of the Committee of Inquiry responsible for the budgets of the Commission and the Bank of Greece. '
Article 11 Preservation of eel-beach
1 a. Article 4 of the Law 2971/2001 (1 285) is replaced by the following:
" Article 4 Loyalty
1. The delimiter of the eel is engraved with red
Use in the coloured precision orthoporphoxmaps with an elevation tip, a scale of at least 1:1000 and a photocopier of years 2008-2009, illustrating a range of at least 300 metres of a-line (hereinafter 'backgrounds'). The backgrounds were provided for the company National Clothing and Charging SA. (EKXA SA), at the potential of the project with the "Production of Digital Terrain Model and Digital Terrain Model" (Digital Terrain Model), is dependent on the Greek Geodetic System of Reference, 1987 and marked with them. 'preliminary delimitation of aigial delimitation', on the basis of a photocopy.
2. The backgrounds are delivered by the Department of Environment, Energy and Climate Change which oversees EKXA SA in the Department of Technical Services of the Ministry of Economy, accompanied by a technical report on pre - Deletions and criteria applied when determining, on the backgrounds, the foreplay of the foreplay by EKXA SA In addition, the background to these preliminary milestones, the technical report and the digital terrestrial platform are transmitted to the relevant local authorities, as well as to the ETF, with the obligation: (a) Within a time limit. Six (6) months from taking
Having regard to the opinion of the Committee of the European Parliament, the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee and the Committee of the For the first time, the Member States
Are obliged: to delete the preliminary delimitation of blood;
In the areas where an approved delimitation area exists and the latter captures the latter as well as the approved coastal and old aigiel delimiters, if they exist. (c) Within a 12 (12) months of receipt, if the approved pellet delimiter is detected in the water element, it shall not be recorded as definitive.
In the case of the United States, the United States of America and the United States of America, the United States, Japan, the United States, Japan, the United States, Japan, the United States, Japan, the United States, Japan and the United States. (i) between the already approved and the preliminary delimitation. After completing the case control
(b) the background to the programme of egial, pre-emptive and final, and the technical report shall be posted on the website of the Ministry of Economic Affairs for informing the public, with the exception of the sections designated by the GET. The audit of the Joint Services shall be carried out on the basis of the criteria set out in Article 9.
3. The proposals of the Joint Services are to be submitted to the relevant competent Committees of Article 3, which shall be deemed to be accepted. The background to the proposed delimitation, the technical report and the reports of the Committees shall be sent directly to the competent authorities of the General Secretariat of the decentralised Administrations, for the sixth
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A decision to validate the definitive delimitation of the quota system in their area of competence. Following this procedure, the file shall be returned to the competent State Department. The decision to determine the definitive delimitation of a permanent delimitation of the website to which the information referred to in paragraph 5 is posted, shall be published in the Official Journal of the Government and has a position on the registration of the website. Recording books.
4. The decisions to determine the final delimitation of the ale, the technical elements and the backgrounds are based on the website of the Ministry of Finance for informing the public. Relative reclamation for suspension is posted in the areas of subsections of the decentralised Administrations, of the Regions and of the coastal areas. If they are excluded from the suspension, for reasons of national security, for reasons of national security, they may take note of the final delimitation by the competent authorities of the United States. Indication of the exception to the suspension is made in the decision to determine the final delimitation of a long line and the announcement of the suspension.
5. In compliance with the terms of Document 3 and 4, the procedure for determining the membrane is completed and it is concluded that the interested parties have taken note of the definition and location of the pelagic delimiter. The expiry of three (3) months of suspension on the Ministry of Economic Affairs. Any defect in the financial statements shall not affect the validity of the demarcation of the eel. In order to finalise the delimitation of the delimitation, the company EKXA S.A. The parties concerned may request the redeeming of the application in accordance with Article 7a.
6. In cases where, for reasons of non-national security, the suspension of backgrounds or if not included in the sub-section of the coastline, the definitive delimitation of a mark shall be determined by the Commission, based on the criteria laid down in Article 9, An index of approximately 1:1000, which is a minimum of 1:1000, depending on the Greek Geographic Reference System of 1987, which reflects the boundaries of the properties and the registered owners are listed. The programme includes a complex of at least five hundred (500) metres or more if the part remaining up to the next and thwarted part does not exceed two hundred (200) - tra-tra, unless this impacts on technicians and physicists. Limited, specifically justifiable. When the programme is drawn up by a private individual, it shall be considered by a non-member of the Joint Service or the Directorate of Regional Unity Projects. The Commission's report and the establishment plan
The final delimitation of the wind shall be validated by a decision of the General Secretariat of the Head of Management, published in the Official Journal of the European Union and sent for information to the National Centre for the Registry and Chartography SA, or In the relevant Land Registry as appropriate.
7. If after eighteen (18) months after receiving the relevant data from the competent National Service referred to in paragraph 2, it shall not have an ecc -
A decision on the definitive delimitation by the competent Commission of Article 3, the preliminary draft is deemed to be final and shall be deemed to be a definitive statement by the competent General Secretariat of the Directorate-General A-poised Management within one month. From the end of the deadline. The technical report, the technical report and the relevant backgrounds shall be submitted to the financial provisions referred to in paragraphs 3 and 4. Paragraphs 5 and 6 shall apply accordingly.
8. Requests for determining the delimitation of a suspension from anyone who has a legal interest shall be lodged with the competent State Department, which shall be obliged to import them to the Commission without delay. In this case, priority shall be given to a final delimitation of a pellet on the shore of at least five hundred (500) measures either on a right-hand basis-the map referred to in paragraph 1 of Article 4 or on the graphic outline of the paragraph. 6. Such a decision shall be made no later than three months after the request is made. If the deadline lapses, the preliminary line for the application for the application shall be deemed to be final and shall be deemed to be final and publication of the act of the competent General Secretariat of the Central Management Committee within a month of a month. The expiry of the deadline. The technical report, the technical report and the relevant background shall be submitted to the publicity referred to in paragraphs 3 and 4. Paragraphs 5 and 6 shall apply accordingly. ' Other: The tradition of the backgrounds and the technical
The Office of the Ministry of Environment, Energy and Climate Change, which supervises EKXA S.A. in the Directorate of Technical Services of the Directorate-General for Public Relations and National Heritage of the Ministry of Economic Affairs And the ERIC shall take place within one month of the entry into force of this law.
2. Article 6 of the Law 2971/2001 is replaced by the following:
" Article 6 Determination of an old age
1. The old vultures are determined by the drawing-up of a blue colour on the background of paragraph 1 of Article 4 by the Committee referred to in Article 3. The existence of an old age is dependent on the Commission either of its own motion or of a request to the Federal Agency for a determination in accordance with Article 7.
2. The Commission shall determine the old position of the hemialu which existed until the year 1884, if there are any possessions of individuals, but also before, if there is no such thing, if the position of the old age is derived from evidence on the ground or others. By way of illustration, with the exception of the evidence of the case.
3. The Commission is also looking for and coherently all-of-children for the exact delimitation of the old-school data, which it presents in its report, in particular natural indications (such as the muscle, eley or balacular extents of its work). For the purposes of this Regulation, the following definitions shall apply:
4. The backgrounds with the delimiter from the Epitron -
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The graph of the old ale, together with the relevant technical report, shall be published in accordance with the procedure laid down in the last subparagraph of Article 4 of this paragraph. '
3. Article 7 of the Law. The following amendments are hereby amended: Paragraph 1 is replaced by the following: The Commission referred to in Article 3 shall specify the zone;
If necessary in order to serve the purpose of Article 1 (2). The zone shall be designated by the Commission with a yellow-colour delimitation in the backgrounds referred to in Article 4 (1), ex officio or at the request of any interested party in the Consumer Service. Requests for determining the demarcation of the coast shall be entered by the Secretariat-General to the Commission without delay and the report shall be drawn up at the latest two months after their submission. The report shall contain a specific statement of reasons for the need to establish a coastal zone, in accordance with Article 1 (2), and shall be ratified by a decision of the General Secretariat of the Accepted Administration. The decision, the report and the proceedings shall be subject to the conditions of publicity referred to in paragraphs 3, 4 and 6 of Article 4. '; Other: In paragraph 2, the words' the decision of the Y -
Having regard to the proposal from the Commission to the Council, the European Parliament, the Economic and Social Committee, the Economic and Social Committee and the Committee of the Regions on the proposal for a European Parliament and Council Directive on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of medicinal products. Commission '. In paragraph 4, the words' from publication
The decision of the Minister for Economic Affairs is replaced by the words'From the publication of the decision of the General Secretariat of the European Central Bank'.
4. After Article 7 of the Law Regulation (EC) No 2971/2001 is added:
" Article 7A Re-definition of aigial, beach
And old yeast
1. In the event of a determination of the right-line, beach or old ale, as well as a change in the coastlines due to legal technical works or natural causes, the Commission may, of its own motion or on its own initiative, be re-established. A-request of any interested and cost-benefit analysis of the dossier with complete evidence to prove the error of the first determination under the competent authorities. For the reset, the provisions of paragraphs 3 to 6 of Article 4, Article 6, Article 7 and Article 9 shall apply.
2. The rebound of the beach, provided that a reduction in the coastal zone which was originally designated is permitted only if the forced expropriation has not occurred. '
5. Article 5 of the Law Regulation (EC) No 2971/2001 is repealed with the exception of paragraph 4 and the last subparagraph of paragraph 9, added as paragraph 3 to the new Article 7A.
6. From the suspension of the backgrounds during the final paragraph of the paragraph. Article 4 of the Law Regulation (EC) No 2971/2001, where, according to the provisions of the Law, No 2971/2001 is required.
(b) the use of topographic markings or markings, or a specification of the blood, or a reference to such a line shall be replaced by the relevant orthoxcopy backgrounds of the paragraph. Article 4 of the Law 2971/2001.
7. Exact procedures for determining eical, para-and parochial zone, which have been initiated after a request of interest and for which it has not been issued until the entry into force of this law, an act of the Commission referred to in Article 3 thereof. N. Having regard to Council Regulation (EC) No 2971/2001 laying down the delimitation of a boundary between the territory of the Member States and the territory of another Member State in accordance with the written declaration of the applicant, submitted to the relevant Joint Service within one month after the date of entry into force, Shall be completed in accordance with the provisions of the n. 2971/2001, as amended by this Article, in accordance with the provisions of paragraphs 1 to 6 of this Article. If the v process is selected. Regulation (EC) No 2971/2001, as was the case before its amendment to this Article, and the definition of the delimitation of eel-lu, beach, bank and paraffin zone has not been completed within 12 months of the submission of the applicant's declaration In the preceding paragraph, the last three subparagraphs of Article 4 (8) shall apply mutatis mutandis. Regulation (EC) No 2971/2001, as amended by paragraph 1 of this Article. The remainder, at the time of entry into force of the
Having regard to the provisions of paragraphs 1 to 6 of this Article, the provisions of paragraphs 1 to 6 shall be completed in accordance with the provisions of paragraphs 1 to 6.
Article 12 Amendment of Law No 4224/2013.
Deposits and Loans
1. At the end of par. Article 1 (2) of the Law A new subparagraph shall be added as follows:
' The debtors shall not be charged by any lenders at any charge in relation to the examination of their blood for inclusion in the provisions of the Code, the procedure for the assessment and selection of the arrangements and the general services relating to Application of the Code. The provisions of this paragraph shall apply to the branches of foreign credit institutions and the financial institutions of Article 3 (3). 1 point 22 of n. 4261/2014 (07/5.5.2014). '
2. Article 1 of n. Paragraph 4 shall be added as follows:
' 4. The Bank of Greece monitors and studies: a) how to implement the Code of Ethics and b) the full and effective introduction of systems. In this context, it may require it to take the necessary steps to take the corrective measures necessary and to enforce its laws and regulations (Article 55A): a) in the case of a systematic application of the Code. (b) in the case of ascertaining the weaknesses of the systems. In any event, the Bank of Greece shall not
This is the only way to achieve the objective of solving the problem.
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They shall be between lenders and debtors from the application of the Code of Conduct. '
3. In carrying out banking operations in the sector of the Association of Investigations and Loans, the accounting officer may also issue banking transactions. The audit procedures and any other necessary arrangements for the safe performance of these tasks shall be determined by a decision of the Board of Directors.
Any general or specific provision contrary to the arrangements at present shall be repealed.
Article 13 TEADY, amendment of n. NO 1892/1990
1. The amounts of additional deductions from the employees who have been retained on a monthly basis, on a monthly basis, from each beneficiary of a PPP, for the allocation of additional shares, shall be deposited on an account of the Ministry of Finance. To the Bank of Greece under the heading 'Special Tax-Certified Tax Deposits' and refer exclusively to former beneficiaries of the PPP. (a) The financial balance of the account 'TEADY';
(b) The financial balance of the account held by the Bank of Greece on behalf of the Bank of Greece. (b) The financial balance of the account which it maintains;
(c) The financial balance of the additional reservation is held at the Bank of Greece under the heading 'E. D. Ministry of Economic Affairs-Contributions by DIBEET 1/7/2001-31/7/2004-Additional Merge'.
For the period of administration of the account a-from the General Accounting Office of the State under the authority. Oike. 2/42423/A0024/10.6.2009 Decision of the Minister for Finance. Following the deposit of the above amounts, the above
A specific account shall be automatically wound up in the light of the fact that no additional withholding taxes are carried out under the law. Article 30 of the EC Treaty 4024/2011. These contributions were retained on the basis of
They shall be directed and paid in one lump sum to the beneficiaries, following their agreed opinion, and subject to their express request from any further claim for repayment from the same cause. By a joint decision of the Ministers for Economic Affairs, Labour, Social Security and Welfare and Justice, Transparency and Human Rights, the method of calculating the levies to be recovered shall be calculated on the basis of proportionality. A procedure for returning them to the beneficiaries, as well as any other relevant application of this Article.
2. Article 26 of n. A new paragraph 3 shall be added as follows:
' 3. Especially for franchisors concluded for the purposes of the n. 3986/2011 (1 152) between legal persons with a seat outside the Member States of the European Union and the European Free Trade Association and of the European Free Trade Association and concern or include real estate in areas or areas of the European Union Companies having their ownership
The prohibition in Article 25 (1) of Article 25 shall be repealed by a decision of the Ministry of Defence, which concerns all the above-mentioned buildings or shares or shares which are subject to the respective licensors. '
PART B ' PROVISIONS FOR MINISTER FOR DEVELOPMENT AND COMPETITIVENESS
RULES FOR THE AWARD OF PUBLIC CONTRACTS OF EMPLOYMENT, SUPPLY AND SERVICE
FIRST GENERAL PROVISIONS
TITLES SUBJECT MATTER, SCOPE AND DEFINITIONS
SECTION FIRST SUBJECT AND DEFINITIONS
Article 14 Subject matter and scope
1. The provisions of this Part II lay down rules on: (a) with the programming, conclusion, and
(b) The execution of public contracts with the object of the manufacture of works, the supply of goods or services or the performance of competitions;
(c) With the coordination, supervision and control of the
(i) the operation of the public procurement sector; 2. The provisions of this Chapter apply;
They shall be in all public contracts with an estimated value equal to or above the financial threshold of Article 23 (1), without prejudice to Article 139 (1).
3. The provisions of this Chapter shall apply to the conclusion of public works concessions by contracting authorities referred to in Article 18.
4. This Part II applies to: a) Contracting authorities within the meaning of Article 18
And contracting entities within the meaning of Article 19, and to central authorities referred to in Article 20. B) To bodies other than those of the previous
In the case of a case where the provisions governing the operation of that body are specifically provided for.
5. The provisions of Articles 14 to 38, 40 to 133, 139 and 179 to 201 of Part I of this Act shall also apply to the award of public contracts for services, studies and projects. Council Regulation (EEC) No 3389/2005 'Council of the European Union and of the Private Sector' (AA232), the provisions of which are applied in a non-discriminatory manner, in so far as they are not contrary to the above provisions.
6. The provisions of this Chapter are adaptations of the Greek legislation to the provisions of Directive 2004 /18/EC of the European Communities.
Council and the Council of 31 March 2004 on coordination of procedures for the award of public works contracts
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Contracts for works, supplies and services' (L 134), as applicable, (b) Directive 2004 /17/EC of the European Parliament;
Council and the Council of 31 March 2004 on the coordination of procedures for the award of contracts to the water, energy, transport and postal services sectors, published in the Greek language in the official report of the European Communities (No L 134), as applicable, (c) Commission Directive 2005 /51/EC of 7
2009 amending Annex X to Directive 2004 /17/EC and Annex VIII to Directive 2004 /18/EC of the European Parliament and of the Council on public procurement (OJ L 257/1/10/2005), (d) of Directive 2005 /75/EC European Communities
Council and the Council of 16 November 2005 amending Directive 2004 /18/EC on the coordination of procedures for the award of public works contracts, pre-morals and services' (L 323), (e) of Council Directive 89 /665/EEC of 21
1 June 1989 (L 395) and Council Directive 92/13/EEC of 25 February 1992 (L 76), as amended by Directive 2007 /66/EC of the European Parliament and of the Council of 11 December 2007 (L 335).
Article 15 Definitions
(Article 1 Directive 2004 /18/EC, Article 1 Directive 2004 /17/EC)
1. For the purposes of this Chapter, the definitions set out in paragraphs 2 to 26 shall apply.
2. (a) "Non-compliance" shall be compatible with the cause, which shall be concluded in writing between or more economic operators and one or more contracting authorities/entities and having as its object the execution of works; (b) 'Public works contracts' are public procurement contracts or services within the meaning of this Chapter.
Bases that have as its object either the execution, both the study and the execution, work related to one of the activities of a project referred to in Annex I of Appendix I and Annex XII of the Appendix B; or Any means, by any means, of a project which corresponds to the requirements specified by the contracting authority/entity. 'Project' means the result of a set of economic activities or civil engineering work which is intended to fulfil this in itself an economic or technical function; (c) "Public procurement contracts" are public contracts.
Contracts, other than those referred to in point (b), which have as their object the market, financial compensation, credit or equity-sale, with or without a market, product. Public contract, which has as its object
Products and covers, by the way, installation and installation work, considered as a 'public procurement contract'.
(d) 'Public service contracts' are public procurement, except for public works or pre-morals, which have as its object the provision of the services referred to in Annex II of Appendix II and Annex XVII of the Adoption; B. Public contract, which has as its object the following:
At the same time, products and services referred to in Annex II of Appendix II and Annex XVII of Appendix B, shall be considered as a 'public service contract', provided that the value of these services exceeds the value of the products in question. Are included in the contract. Public contract, which has as a subject matter,
Facts referred to in Annex II of Appendix II and Annex XVII of Appendix B and which does not include activities listed in Annex I of Appendix I and Annex XII of the Appendix B, but only By the way, in relation to the main subject of the contract, it is considered as a public service contract.
3. "Concession of public works" is a contract that presents the same characteristics as a public works contract, except for the fact that the contract trade consists of either exclusively in the right to transfer the project. Or in this right, in combination with payment of a fee.
4. "A service concession" is a contract which has the same characteristics as a public service contract, except that the subcontracting trade consists either exclusively of the right to transfer the service. Or in this right in conjunction with the payment of a payment.
5. "Framework Agreement" is an agreement between one or more contracting entities/contracting entities and one or more of the economic operators, which aims to determine the conditions governing the contracts involved. To be concluded during a specific period, particularly in terms of prices, and, where appropriate, the expected quantities.
6. "Binary purchasing system" is an all-inclusive electronic procedure for purchases of current use, of which the generally available on the market meets the needs of the contracting authority/entity and is A limited period of time and open throughout each of the economic operators who fulfil the selection criteria and has submitted an indicative tender in accordance with the specifications.
7. "Electronic auctioning" means a repetitive process based on an electronic presentation of new, reduced prices and/or new values, as regards certain elements of the tenders, and which is carried out after Preliminary, full evaluation of the tenders, enabling them to travel on the basis of individual assessment methods. Therefore, some of the services or works contracts that have as the object of an intellectual property, such as project design, cannot be subject to an electronic auction.
8. 'Contractor', 'supplier' and 'service provider' means any natural or legal person or delegate;
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The contracting authority/entity of the public or public authorities of those persons and/or bodies offering, respectively, the execution of works and/or works, the supply of products or the provision of services to the market. The concepts of 'contractor', 'supplier' and ' party;
A service provider 'shall be referred to as' economic operator '. The economic operator who has submitted a tender
Referred to as the 'tenderer'. The person who has requested to send him an invitation to participate in a restricted or negotiated procedure or in a competitive dialect shall be referred to as "candidate".
9. "Contracting authorities" shall be the principles set out in Article 18 of this Regulation.
10. 'Contracting entities' shall be the bodies set out in Article 19 of this Regulation.
11. The term "Contracting authorities/entities" refers to the contracting authorities of paragraph 9 and the contracting entities of the parafa 10.
12. "Central Public Safety Authority" Is the authority set out in Article 20.
13. (a) 'Open procedures' means procedures in which each economic operator concerned may submit a tender; b) 'Restricted procedures' shall be the procedures;
(c) 'Competitive dialogue' means that any economic operator may request to participate, but in the context of which only the competent bodies invited by the contracting authority/entity may submit a bid. Is the procedure,
In which each economic operator may request to participate, in which the contracting authority/contracting entity conducts a dialogue with the candidates admitted to this process, in order to find one or more solutions that may They could meet their needs, and on the basis of which the candidates selected are invited to submit a tender. For the purposes of the application of the procedure
Of the subparagraph, a public contract shall be considered to be 'particularly complex', provided that the contracting authorities/entities are not objectively capable of being able to do so, in accordance with points (b), (c) or (d) of Article 40, the technical means, (d) 'Negotiation procedures' are the procedures for which they would be able to meet their needs and responsibilities, and to identify the legal and/or financial organisation of a project.
In the context of which contracting authorities/entities shall consult the economic operators of their choice and negotiate the terms of the contract with one or more of them. E) "Tender alters" shall be the following: Procedures which -
Enable the contracting authority/entity to acquire, in particular in the fields of spatial planning, munitions, architecture of the civil engineering or data processing projects, a study or a project selected from A review board of competition, with or without the award of the award;
No, (f) Simplified competition is the simplified
An award procedure in which any interested economic operator may submit a tender in accordance with Article 143. (g) 'Direct delegation' is the process of concluding
A contract without prior publicity, in which the contracting authorities/entities entrust to the economic operator of their selection, following a market investigation and consultation with one or more economic operators, -to be set out in Article 144.
14. "In writing" means any set of changes or numbers, which may be transmitted, referred to and subsequently communicated. This set may include information transmitted and stored by electronic means.
15. "Electronic instrument" is a means of using electronic processing equipment (including digital pressure) and storage of data, which are to be transmitted, moved or received with a harmonised transmission, with a view to the use of electronic equipment. Radio spectrum, optically or with other electro-magnetic media.
16. The Common Procurement Vocabulary (CPV), the Common Procurement Vocabulary (CPV), endorses the reference name applied to the public procurement, adopted by Regulation (EC) No 2195/2002 (L 340) of the European Council and the Council of 5 November 2002 on the common vocabulary for public procurement (L 340), as amended by Commission Regulation (EC) No 213/2008 of 28 November 2007 (L 74), while ensuring the equivalence Do not use any of the other names. In the case of a number of interpretations as to the
The application for the present time, due to possible differences between the CPV name and the name-ology of the NACE used in Annex I of Appendix I and in Annex XII of the Prae-losartan B, or between the CPV nomenclature; and The CPC name (provisional form) used in Annex II of Appendix 1 and Annex XVII, A΄ and B of Appendix B, supersedes the NACE name or the CPC name respectively.
17. For the purposes of Articles 27, 78b and 86a, the following definitions shall apply:
Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the European Parliament, the Economic and Social Committee and the Committee of the European Parliament, the Economic and Social Committee and the Committee of the European Of the network ', the total of
(c) 'Public telecommunications services' means tele communications services and the technical specifications of the technical specifications which make up the public telecommunications network and are essential for access to and through such communication.
Communication services, which have been entrusted specifically by the Member States, particularly to one or more telecommunications operators.
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(d) 'Telecommunications services' means services consisting, wholly or partly, in the crossing and movement of goods through the public telecommunications network with the aid of telecommunication methods, with the exception of radio stations; And telematics for information.
18. "Member State" shall be any State which has joined the European Union.
19. "Third country" is every state that has not been established in the European Union.
20. 'The Single Independent Public Contract Authority' or 'Authority' is the Independent Administrative Authority which has been set up with the n. 4013/2011 (1 204).
21. 'The public sector', 'General Government' and 'Government of the Government' have the meaning defined in Article 14 (1) of the Law. 4270/2014 (°).
22. "National Electronic Public Procurement System (ESS)": Completed information system, which includes all the necessary data for the submission of supplies, programming, operation, procurement, procurement, procurement (i) the execution of public procurement, in accordance with the legislation, with the use and implementation of Information and Communication Technologies (ICT).
23. The "Central Electronic Register of Public Contracts (CEMIS)" is designed to collect, process and publish data relating to public procurement in accordance with Article 139 and is compulsorily connected and uninterrupted by the National Baseline for Procurement by the Authority of the para graph 20.
24. "Documents of the Convention" shall be the sum of the items, drawings and other elements including the conditions for the conclusion and implementation of the contract, in accordance with Article 39.
25. "High-priority services" are those that fall within the categories of services included in Annex IIA of Appendix A and Annex XVIIA of Appendix B.
26. "Low priority services" are those falling within the categories of services included in Annex IIB of Appendix A and Annex XVIIB of Appendix B.
Article 16 General principles governing the conclusion of contracts
(Article 2 Directive 2004 /18/EC, Article 10 of Directive 2004 /17/EC)
1. On the conclusion of public contracts, in accordance with the provisions of this Chapter, regardless of the value of these contracts, contracting authorities/entities should be treated in a non-discriminatory manner. Acting in a transparent and proportionate manner and are required to comply with the principles of mutual recognition, the protection of the public interest, the protection of rights of individuals, freedom of competition and protection of Including sustainable development and sustainable development.
2. The design of an award procedure is not intended to circumvent the purpose of circumventing the field;
The application of the provisions of this law or to the artificial restriction of competition. In the case of an artificial restriction of competition, the design of an award procedure shall be aimed at unjustifiably, pre-legal or indirect, in particular economic operators.
3. In the application of the provisions of this Chapter, contracting authorities/entities shall take the measures necessary to ensure the effectiveness of the procedures for the award and implementation of contracts and the sound financial contribution. Management of the public resources allocated to this purpose.
Article 17 Conditions regarding agreements concluded within the framework of the World Trade Organisation
(Article 5 Directive 2004 /18/EC, Article 12 Directive 2004 /17/EC)
In the award of public contracts by the contracting authorities/entities with financial resources from other Member States, the same conditions shall apply to those granted to the economic operators of third countries in application of the agreement. In the framework of the Uruguay Round negotiations, the Agreement was concluded in the framework of the Uruguay Round negotiations and was ratified by Greece. FOR THE PURPOSES OF THIS REGULATION,
Article 18 Contracting authorities
(Article 1 (1) 9 Directive 2004/18)
1. "Contracting authorities" shall be the State, the principles of self-government, public law bodies and associations of one or more of those authorities or of one or more of those bodies governed by public law.
2. "Body of public law" means any body: a) set up with a specific purpose;
(b) having legal personality, and (c) the activity of which is financed by the general interest of general interest which does not affect the industrial or commercial sector;
The largest part of the State, the local authorities or other bodies governed by public law, or the management of which is subject to scrutiny by those bodies, or of which more than half of its members The administrative, director or supervisory board is appointed by the State, the local authorities or other bodies governed by public law.
3. Organisations and categories of bodies governed by public law which comply with the criteria laid down in points (a), (b) and (c) of paragraph 2 are set out in Annex III to Appendix 1. They are enriched by the addition of other organisations or categories of public law bodies.
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Article 19 Contracting entities
(Articles 2, 8 of Directive 2004 /17/EC)
(a) Contracting authorities within the meaning of Article 18 for the purposes of this law:
(b) Public undertakings within the meaning of Article 92 (1) (a) of Regulation (EEC) No 1765/92, as amended by Council Regulation (EEC) No 1765/92, as last amended by Regulation (EEC) No 2075/92, as last amended by Regulation (EEC) No 2075/92, as amended by Council Regulation (EEC) No 2075/92, as amended by: -the commission of the
Authorities may directly or indirectly exercise a dominant influence, either because they have ownership or financial participation, or because of the rules governing the undertaking, which carry out one or more activities from those described in the Articles 97-101, when awarding contracts for works, supplies or services, for the performance needs of the activity in question (c) Undertakings, which are neither contracting
Authorities or contracting entities, and exercising, between their activities, one or more of the activities referred to in Articles 97-101 and a-those of special or exclusive rights of dance-related State authority.
2. For the purposes of subparagraph (b) of the paragraph 1, the decisive influence on the undertaking, on behalf of the contracting authorities, shall be waived where such authorities, directly or indirectly, hold the majority of the subscribed capital. In the case of a company, or have the majority of the votes, which correspond to the securities issued by the undertaking, or may appoint more than half the members of the administrative, managerial or supervisory body of the undertaking.
3. For the purposes of subparagraph (c) of the paragraph 1, special or exclusive rights are the rights granted by a competent authority, under the provisions of the text, which has as its origin to be reserved for one or more Member States. The pursuit of the activity referred to in Articles 97 to 101 and substantially affecting the ability of other operators to exercise this activity.
4. The contracting entities, within the meaning of the present law, are not exhaustive in the lists set out in Annexes I to IX to Annex I. The competent authorities and the competent authorities shall communicate periodically to the European Commission. Faculations made in the domestic catalogues.
Article 20 Central authorities
(Articles 1, 11 Directive 2004 /18/EC, Article 29 Directive 2004 /17/EC)
1. Contracting authorities/entities may provide works, supplies or services by recourse to central pre-morals.
2. "Central Procurement Authority" means a contracting authority/entity that entrusts public procurement or concludes framework contracts for works, products or services intended for contracting authorities /
Missing bodies. 3. Contracting authorities/entities which
Projects, supplies or services by resorting to a central authority, shall be deemed to have complied with the provisions of this Regulation, provided that they have been complied with by the central authority.
4. Contracting authorities/entities may authorise another contracting authority/entity to carry out on their behalf the parties to the conclusion and execution of the public contract.
5. For the purposes of aggregates, more contracting authorities/entities may empower one or a third contracting authority or a third contracting entity to carry out the procurement procedure. Member States
6. In the cases referred to in paragraphs 4 and 5, the contracting authority or the delegated contracting entity shall act as a central authority within the meaning of paragraph 2.
Article 21 Specific arrangements for the aggregated markets
1. They shall be defined as National Central Authorities, within the meaning of Article 20 (2) with the competence to conclude public procurement contracts and services at national level: (a) The General Secretariat of the General Secretariat of the General Secretariat Ministry of Development and Competitiveness, b) the Health Commission of the Health Department.
2. With a presidential decree issued on a proposal by the Minister for Development and Competitiveness and the Minister for Economic Affairs, other Central Aids may be set up or specified, with a public procurement Works, pre-morals or services, either to a level of different categories of operators of the Public Sector either on the basis of a market sector or a market sector or by geographical units of the country or with a combined application of those criteria. With a presidential decree issued on the proposal of the Minister for Economic Affairs and Competitiveness, the Minister for Administrative Reform and Electronic Governance and the Minister responsible may determine the most specific Competence, organisational structure and organisational positions of the System of Central Authorities as appropriate and any other relevant Zs.
3. By joint decision of the Minister for Development and Cooperation and, where appropriate, a competent minister, issued within two months of the entry into force of this law, the conditions for the award and conclusion of this law are laid down. Public procurement contracts, the types of public procurement, which are not concluded by central pre-morals, the categories of works, groups and services that may be the subject of the tenders and the supply of services. Of which may be recourse to technical purchasing techniques and any relevant issue for The application of this Regulation. By decision of the Minister for Development
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And Competitiveness issued within two months of the entry into force of Part II of this Regulation shall apply to the National Central Authority (s) referred to in paragraph 1 of paragraph 1 of this Article.
4. For the public procurement and supplies contracts referred to in Article 15, the contracting entities/entities referred to in Articles 18 and 19, or the primary authorities, shall submit a relevant table of programming to the ERCEA at the level of The decisions referred to in paragraph 3 of this Article, and the case. In the Directorate-General for State Aid (GCI)
The Directorate-General for Development and Competitiveness of the Directorate-General for Development and Competitiveness is recommended for the Policy and Planning Policy and Services (PSPS). The decision of the Minister for Development and Competitiveness shall be set up by the Commission, specifying the responsibilities, the number and characteristics of its members, its operation and any other details.
5. Of the provisions of this Article and in respect of the supplies and services subject to the provisions of the National Central Authority (s) referred to in paragraph 1 (a) of the first subparagraph shall be excluded:
I. The public procurement contracts and services referred to in Article 15 concluded by the following bodies: (a) Parish temples, ecclesiastical schools,
(b) Professional associations (law, decision-making, etc.). (b) Professional associations (lawyer, advice, etc.).
Collars, etc.). (c) Public legal persons working with the
(d) The Chambers of Commerce and Industry, the Commission of the European Union and the Member States of the European Union. I - The public procurement and service contracts
Articles 26 to 30 of this Regulation.
Article 22 Grant of special or exclusive rights:
Non-discrimination clause (Article 3 Directive 2004 /18/EC)
Where a contracting authority is assigned to a body which does not have the status of a contracting authority, in particular or which is exclusive to the performance of a public service activity, the act of granting the right of establishment must provide that, at the time of the award of the contract, the In the case of non-discrimination on grounds of nationality, this institution must respect the principle of non-discrimination on grounds of nationality.
SUBPART TWO FINANCIAL LIMITS
Article 23 Financial limits of public procurement
(Articles 7, 78 Directive 2004 /18/EC, Articles 16, 69 Directive 2004 /17/EC, Regulation 1336/2013)
1. 'Public contracts of minor value' means public contracts within the meaning of the provision
In point (a) of Article 15 (2) which are not exempted, under the exceptions provided for in Articles 26 to 30 and whose estimated value outside the value added tax (VAT) is less than two thousand Five hundred (2,500) euro The amount of the previous first item shall be reviewed every two years and shall be adjusted if necessary by a decision of the Minister for Development and Competitiveness adopted after the Authority's opinion.
2. 'Public high value contracts' means public contracts within the meaning of Article 15 (2) (a) of Article 15 which are not exempted, under the exceptions provided for in Articles 26 to 30, and of which Estimated value outside the value added tax (VAT) is equal to or above the following thresholds:
I. For contracts awarded by contracting authorities: a) One hundred and thirty-four thousand (EUR 134,000,
For public procurement contracts and services, other than those covered by the second indent of (b), concluded by contracting authorities which are central government authorities of Annex IV to Annex IV. In the case of public procurement contracts entered into by the contracting authorities, which are used in the area of defence, this threshold shall only apply to the products specified in Annex V of the Annex. (b) Two hundred and seven thousand (EUR 207,000)
The Committee of the Regions, the European Parliament, the European Parliament, the European Parliament and the European Parliament (i) by contracting authorities other than those referred to in Annex IV of Appendix A, or: (ii) the contraaing authorities referred to in Annex IV of the Appendix IV and which are active in the area of defence; The contracts relate to products which are not covered by Annex V of Appendix 1, either: (iii) by any contracting authority and having as its object services of category 8 of Annex II of the Appendix 1, services Telecommunication of Class 5 of Annex II A of the Appendix A ' of which the CPV positions are Corresponding to CPC-reference numbers 7524, 7525 and 7526, and/or services referred to in Annex II (B) of Appendix II. (c) Five million euro eighty-six thousand
(EUR 5,186,000) for public works contracts and public works concessions.
IY! For contracts awarded by contracting entities: (a) Four hundred and fourteen thousand (414,000)
(b) Five million hundred and eighty-six thousand for contracts and services;
(EUR 5,186,000) for project contracts. 3. The financial limits referred to in paragraph 3 above;
These shall be adjusted if revised in accordance with the procedure laid down in Article 78 of Directive 2004 /18/EC (L 134) or Article 69 of Directive 2004 /17/EC (L 134).
4. "Public contracts of low value" shall mean public contracts within the meaning of point (a) of Article 15 (2) which do not exclude them;
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May, under the exceptions provided for in Articles 26 to 30, be awarded by contracting authorities/entities whose estimated value, other than VAT, is equal to or above the financial limit referred to in paragraph 1 and below. In accordance with Article 3 (2) of Regulation (EC) No 2572/2004, the Commission shall act in accordance with the procedure laid down in Article 93 (2) of the Treaty.
Article 24 Contracts subsidised at a higher rate
50 % by contracting authorities (Article 8 Directive 2004 /18/EC)
1. The provisions of this Part II are applied at the time of conclusion: (a) Agreements which are subsidised immediately
More than 50 % by contracting authorities and whose estimated value excluding VAT is equal to or more than five million euro-six thousand (5,186,000) euro:
-where such contracts relate to civil engineering activities within the meaning of Annex I of Annex I;
-where such contracts are connected with hospitals, sports equipment, recreation and leisure facilities, school and university buildings and administrative buildings, (b) service contracts awarded directly to
More than 50 % by contracting authorities and whose estimated value excluding VAT) is equal to or more than two hundred and seven thousand (EUR 207000), where such contracts are related to a contract contract within the meaning of (a) This is a very serious matter.
2. Contracting authorities which grant such grants shall ensure that the provisions of this law are complied with when such contracts are concluded by one or more bodies other than them, as well as when they are concluded by them. The same, but on behalf of and on behalf of these other entities.
Article 25 Methods of calculation of estimated value of
Public procurement, the framework agreements and the dynamic purchasing systems
(Article 9 Directive 2004 /18/EC, Article 17 Directive 2004 /17/EC)
1. Calculation of the estimated value of a public contract within the meaning of Article 15 (2) (a) of Article 15 shall be based on the total amount payable, excluding VAT, as defined by the contracting authority/entity Organization. In this calculation, account shall be taken of the amount of the total amount, including both the possible anticipated option and any extensions of the contract. In the case where the contracting authority/entity provides for prizes or payments to the tenderers or tenderers, these amounts shall be taken into account when calculating the estimated value of the contract.
2. The valuation must be valid at the time of -
Article 56 (2) of the contract notice, as referred to in Article 56 (2) or, in cases where such notice is not required, at the time when the contract award procedure begins.
3. No project plan and no contract for service or services may be frozen in order to avoid the application of the provisions of this law.
4. For public works contracts, contracting authorities/entities in the calculation of the estimated value should take into account the amount of the projects, as well as the total estimated value of the projects necessary to carry out the projects. Which are made available to the contractor. The value of the supplies or services that are not
Necessary for the execution of a specific contract of works cannot be added to the value of the works contract resulting from the acquisition of such supplies or services by the present law.
5. (a) When a planned project or a service plan may result in simultaneous contraventions of separate contracts, account shall be taken of the total estimated value of all the coins. When the total value of the items is equal to or -
It carries out the value laid down in Article 23, the provisions of this law shall apply to the conclusion of each section. Contracting authorities/entities may
To derogate, in respect of high value contracts, of which the estimated value of non-VAT is less than eighty thousand (80 000) euro for services and one million euro (EUR 1 million) for projects, if The total value of these coins does not exceed 20 % of the total value of all sections. (b) When the product of the product is supplied
It leads to the simultaneous conclusion of separate contracts at the same time, taking into account the estimated total value of these items when implementing Article 23 (2) (I) and (II) (a) and (b). When the total value of the items is equal to or -
It carries out the value laid down in Article 23, the provisions of this law shall apply to the conclusion of each section. Contracting authorities/entities may
To derogate, in the case of high value contracts, of which the estimated value of non-VAT is less than 80 000 (80 000) euro and provided that the total value of these items does not exceed 20 %. The total value of all the items.
6. In order to comply with public procurement, the value of the estimated value of the contract, the value taken as a basis for calculating the estimated value of the contract, is determined as follows: In the case of contracts for some time, e -
Their duration is equal to or less than 12 (12) months, the total estimated value for the duration of the contract or, if the duration of the contract is greater than twelve (12) months, the total value of the contract
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(b) In the case of an indefinite contract, including an estimated sub-value, including an estimated sub-value.
Where their duration cannot be determined, the monthly value multiplied by 48 (48).
7. In the case of public procurement contracts or services which have a periodic character or are expected to be renewed within a period of time, it shall be taken as a basis for the calculation of the estimated value of the contract: Total actual value of sequential
Contracts of the same type, concluded in the preceding 12-month or financial year, adjusted, where possible, in order to take account of any changes in quantities or value in respect of the 12 (12) months following the initial contract, b) or the estimated total value of sequential
Contracts concluded during the twelfth month following the first delivery or during the course of the year, if more than 12 months. The choice of method for estimating the estimated value of the
The value of a public contract may not be made for the purpose of avoiding the application of this Regulation.
8. For public service contracts, the value taken as a basis for calculating the estimated value of the contract is, according to the description, the following: (a) For the following types of services: (i) Insurance services: the premium payable;
Stro and any other means of mutual assistance. (ii) Banking and other financial services;
Fatigue, interest, interest, interest and other ways of mutual assistance.
(iii) Agreements including studies: reciprocal, payable and other means of payment; b) For non-reporting service contracts
(i) in the case of contracts for a period of time; and
If their duration is equal to or less than eight (48) months: the total estimated value for the entire duration,
(ii) in the case of contracts of indefinite duration or longer than 48 months (48) months: the monthly value multiplied by 48 (48).
9. Contracting entities shall calculate the estimated value of a contract that includes both services and supplies on the basis of the total value of services and morals, irrespective of their individual value. In this calculation, the value of work and placement operations is included.
10. For framework agreements and potential market participants, the value to be taken on the market is the maximum value calculated without the combination of the contracts provided for the overall duration of the framework agreement or the The Committee of the Regions, the European Parliament and the European Parliament.
SUBPART 3 EXCLUDED CONTRACTS
Article 26 Classified contracts or contracts that require
Special safety measures (Article 14 Directive 2004 /18/EC, Article 21 of Directive 2004 /17/EC)
The provisions of Part B shall not apply to public contracts awarded by contracting authorities/entities, where these are classified as confidential or the performance of which must be taken into account in particular safety measures in accordance with The provisions laid down or where the protection of the essential interests of the country so requires.
Article 27 Special Exclusions for contracts concluded
Contracting authorities/entities (Articles 13, 15, 16, 18 Directive 2004 /18/EC, Articles 22, 24 and 25 Directive 2004 /17/EC)
The provisions of Part II of this Regulation shall not apply when awarding the following contracts by contracting authorities/entities:
1. Public contracts governed by different procedural rules shall be concluded: (a) International Agreement, in accordance with the Treaty of
European Union, between Greece and one or more other non-Member States of the European Union, which concerns supplies or works intended for the joint execution or exploitation of a project by the signatory States, or Services intended for execution or exploitation jointly by the Signatory States. The Agreement shall be communicated to the European Commission. (b) International Agreement, the conclusion of which is linked to the Agreement.
(c) Special procedure for an international organisation (s) with the status of troops and third country enterprises. 2. In the public service contracts awarded
By a contracting authority/entity to a contracting authority or association of contracting authorities on the basis of an exclusive right conferred upon them under the provisions of the text, the provisions of those provisions shall not contravene the Treaty. Of the European Union.
3. In public service contracts, which: (a) They have as their object the market or straightening, with
Any financial terms, land, existing buildings or other immovable property or relating to rights thereon. The financial services contracts, which are concluded at the same time, before or after the purchase or conversion contract, are governed by this law. (b) They relate to the market, development, production or production.
(c) The production of programmes intended to be used by broadcasters, as well as contracts for the time of transmission; (c) Issue of arbitration and compatibility services. (d) Financial services related to financial services
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With the issue, purchase, sale and transfer of securities or other financial instruments, in particular through funds or funds procedures in contracting authorities/entities, as well as services provided by central banks. E) Work contracts. (f) They concern research and development services, with the exception of those whose product is exclusively owned by the contracting authority/entity for its own use in the exercise of its activity, provided that the remuneration for the provision of the service Shall be paid in full by the contracting authority/entity.
4. In the public procurement contracts awarded by contracting authorities, which have as its main objective the allocation or transfer of public telecommunications networks or the provision to the public of one or more telecommunications services.
Article 28 Special Exclusions for contracts concluded
Contracting entities (Articles 18, 19, 20, 26 Directive 2004 /17/EC)
The provisions of Part II of this Regulation shall not apply when the following contracts are concluded by contracting entities:
1. In the contracts concluded with a view to the sale or sale to third parties, where a procuring entity does not enjoy a special or exclusive right to sell or sell the subject of such contracts, and when other entities Are entitled to make such a free sale or equivalent to the same conditions as for the contracting entity. Contracting entities shall communicate to the European Commission, at the request of the European Commission, all the categories of products and activities which they consider to be exempted under the preceding subparagraph.
2. In the contracts concluded or in the competitions organised by the contracting entities for the purposes of the exercise of the activities referred to in Articles 97 to 100 in a third country, under conditions which do not require Physical exploitation of a network or a geographical area within the Community. Contracting entities shall notify the European Commission, at the request of the European Commission, of any activity which they consider to be possible under the preceding subparagraph.
3. On the basis of contracts for the purchase of water, where they are involved by contracting entities, who are engaged in one or both of the activities referred to in Article 98 (1).
4. In the contracts for the supply of energy and for the production of energy, they shall be awarded by contracting entities which carry out an activity defined in Article 97 (1) and (3) or Article 101 (a).
5. In the contracts of public works as defined in Article 15 (3), the following shall be concluded for the purposes of the exercise of one or more of the activities referred to in Articles 97 to 101, where such concessions They are intended to be used for the exercise of these activities.
Article 29 Service concessions
(Article 17 Directive 2004 /18/EC and Article 18 of Directive 2004 /17/EC)
Without prejudice to the application of Article 22, the provisions of Part II of this Regulation shall not apply to service concessions, as defined in Article 15 (4), which are concluded by contracting authorities/entities.
Article 30 Council conclusions on defence and security aspects
(Article 10 Directive 2004 /18/EC)
The provisions of Part II of this Regulation are not applicable to contracts falling within the scope of the application. Having regard to Council Regulation (EEC) No 3978/2011 (1), in accordance with Articles 17 and 24 thereof, and to the agreements concluded under Article 346 of the Treaty on the Functioning of the European Union (TFEU).
SECTION FOUR RULES THAT APPLY
FOR SERVICE CONTRACTS
Article 31 Rules applicable to service contracts
Contracting authorities (Articles 20, 21, 22 Directive 2004 /18/EC)
1. Service contracts awarded by contracting authorities within the meaning of Article 18 shall be awarded in accordance with paragraphs 2 to 4.
2. The contracts, which have as their subject matter of high priority, are concluded in accordance with Articles 36, 40, 41, 44, 48-52, 55-64, 65, 67-75, 132, 133, 173.174.
3. The contracts which are subject to low priority sections of the Annex I shall be concluded exclusively in accordance with Articles 40 and 56 (4), and Articles 140 to 172.
4. Contracts with the subject of high priority services and services of low priority to the Annex (1st Supplement), are concluded in accordance with Articles 36, 40, 41, 44, 48-52, 55-64, 65, 67-75, 132, 133, 173, 174, when The value of high-priority services exceeds the value of low priority services. In the other cases, the contract shall be concluded in accordance with Articles 40 and 56 (4), and Articles 140 to 172.
Article 32 Rules applicable to service contracts
Contracting entities (Articles 31 to 33 of Directive 2004 /17/EC)
1. Service contracts awarded by a delegated entity within the meaning of Article 19 shall be awarded in accordance with paragraphs 2 to 4.
2. The contracts, which have as a subject matter of high-priority services
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They are concluded in accordance with Articles 36, 40, 41, 43, 44, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119121, 122, 123 132, 174.175.
3. The contracts, which are subject to the low priority of the Annex II, are concluded exclusively in accordance with Articles 40, 112 and Articles 140 to 172.
4. The contracts, which are subject to the high priority and low priority areas of the Annex B (mixed contracts), comply with the provisions of Articles 36, 40, 41, 43, 44, 105, 106, 107, 109, 110, 111, The Committee on the Rules of the Rules of the European Parliament, the Economic and Social Committee and the Committee on the Rules of Economic and Social Committee, on the proposal from the Commission to the Council (COM (88) 452 final-SYN 369) for a decision on the proposal for a Council Regulation amending Regulation (EEC) No 2052/89 on the common organization of the market in milk and milk products and amending Regulation (EEC) No 2052/89. In other cases, the contracts shall be concluded in accordance with Articles 40, 112 and Articles 140 to 172.
SECTION FIFTH COMMON ARRANGEMENTS FOR CONTRACTS CONCLUDED BY CONTRACTING AUTHORITIES
AND ENTRANTS TO YOU.
Article 33 Economic Operators
(Article 4 Directive 2004 /18/EC, Article 11 of Directive 2004 /17/EC)
1. Candidates or tenderers who, under the laws of the Member State in which they are resident, have the right to carry out a contract, may not be excluded on the grounds that they should be either Of natural or legal persons in Greek legislation. However, in the case of public works contracts and services, as well as public procurement contracts covering, in addition, work and/or installation and installation services, legal persons should be required to They shall not, in their tenders or in their request for participation, care for the names and professional qualifications of the persons responsible for carrying out this provision.
2. The consortia of economic operators may submit an offer or appear as a candidate. For the submission of an offer or an application for participation, contracting authorities/entities may not require the economic groupings to have a specific legal form. The joint tender may be obliged to take into account the legal form, if the contract is awarded, to the measure where the circumventing of such legislation is necessary for the proper performance of the contract.
3. In the case of a bid by a public-owned economic operator, all its members shall be responsible vis-à-vis the contracting authority/entity jointly and severally.
Article 34 Confidentiality
(Article 6 Directive 2004 /18/EC, Article 13 of Directive 2004 /17/EC)
1. Without prejudice to the provisions of this Regulation, those relating to obligations relating to
With the publication of the agreed contracts and the updating of candidates and tenderers, in accordance with Articles 56 (4), 62, 112, 116 and the provisions of other legislation, the contracting authority/entity, It does not divulge information that has been given to it by economic operators and which they have committed as confidential. This information shall relate, in particular, to technical or commercial secrets and the confidential aspects of the tenders. In addition, at the time of transmission of the technical specifications,
In the case of economic operators, by default and by choice of economic operators, and in the award of contracts, the contracting authorities/entities may impose obligations in order to protect The information provided by the Commission shall be taken into account by the Commission.
2. Where a financial institution designates confidential information, due to the existence of a technical or commercial confidentiality, in its statement, it shall expressly bear all the relevant legal or regulatory provisions or administrative acts which it imposes. The confidentiality of this information.
(3) They shall not be classified as confidential information on the unit price, the quantities offered, the financial offer and the elements of the technical offer used for its assessment, provided that as an award criterion It shall be responsible for the most economically advantageous tender.
4. The right of access to documents of other economic operators shall be exercised in accordance with the conditions laid down in Article 5 of the Law. NO 2690/1999 (45).
Article 35 Protection of information
Contracting authorities/entities may impose requirements on economic operators with a view to the protection of the confidentiality of information provided by contracting authorities/entities throughout the period. The award and execution of the contract. They may also require economic operators to ensure compliance with these requirements by their staff, subcontractors, and any other third party used in the award or execution of the contract.
Article 36 Rules applicable to communication
Competition law (Article 42 Directive 2004 /18/EC, article 48)
2004 /17/EC)
1. The communication, as well as the exchange of information, may, at the choice of the contracting authority/entity, be effected by electronic means, by electronic means, in accordance with paragraphs 4 and 5; Cases and under the conditions laid down in paragraph 6, or with a combination of those instruments.
2. The chosen means of communication should be generally accessible and therefore not restrict the access of economic operators to the procedure a -
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Intent; 3. During communication, the exchange and the
Storing information shall be taken in order to preserve the integrity of the data, the confidentiality of the tenders and the requests for participation, and the acquisition of knowledge by the contracting authorities/entities of the content of the pre - The Court of Justice of the European Court of Justice and the Court of Justice of the Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice
4. The tools used for communications by electronic means, as well as their technical characteristics, should not create discrimination and are generally available and compatible with the general use of these substances. Information and communication technologies.
5. The following rules shall apply to the transmission and to the mechanisms of electronic receipt of tenders and requests for contracts:
They must be met for the electronic submission of tenders and requests for participation, including encryption, should be accessible to the interested parties. In addition, the mechanisms for the receipt of tenders and applications for participation must comply with the requirements of Annex X to Appendix 1 and Annex XXIV to Annex II. (b) Contracting authorities/entities Institutions;
In accordance with Article 3 of paragraph 150/2001 (1 125), to require electronic tenders to be accompanied by a pre-signed electronic signature in accordance with paragraph 1 of that Article. (c) They may be established or maintained;
Voluntary certification bodies for the purpose of improving the level of the certification services of these mechanisms. (d) Tenderers or candidates shall be bound to
If the documents, certificates or declarations referred to in Articles 68, 69, 70, 71, 72, 73, 75 119 to paragraph 2 and 3, 120, 121 are not available before the expiry of the time-limit laid down for Submission of tenders or requests for participation.
6. The following rules shall apply for the submission of applications for participation: (a) Applications for participation in the procurement procedures
(b) Where applications for participation are submitted by tele, the following shall be submitted in writing or by telephone.
(c) Contracting authorities/entities should receive written confirmation before the expiry of the deadline set for their receipt.
Article 10 (2) and (4) of Article 10 (2) of Regulation (EEC) No 2390/63 shall apply to the application of Article 10 (2) and (4) of Article 10 (2) of that Regulation. (') 2690/1999 (A-45), or by electronic means, where this is necessary as a legal proof. The relevant requirement, as well as the preparation for the purposes of sending the confirmation, either by electronic means or by electronic means, must be provided by the contracting authority/entity in the contract or in the invitation referred to in Article 115 (1). 5.
Article 37 Initiation of a conclusion procedure
1. For the purposes of Article 23 (2), as a time for the opening of the open procedure, the opening of the procedure, the negotiation process with the publication of a notice and the competitive dialogue, the date on which it was sent The European Union and its Member States, the European Union, the European Union, the European Union, the European Union and the European Union.
2. The opening time of the negotiation process without publication of a notice shall mean the date of dispatch to the economic operators of the invitation to negotiate.
3. As the date for the opening of a competition, the date of dispatch of the notice of competition notice to the Official Journal of the European Union shall be understood.
4. For other contracts, the procurement procedure shall start from the date of publication of the contract notice or call for an event or the invitation to tender, in accordance with paragraph 1. Article 152.
SECTION THE SPECIAL SCHEME
Article 38 Non-exclusivity agreements
(Article 19 Directive 2004 /18/EC, Article 28 of Directive 2004 /17/EC)
Contracting authorities/entities may grant exclusivity to protected laboratories the right to participate in the procurement procedures of public contracts or to provide for the performance of such contracts in the framework of the contract. Where the majority of the workers concerned are specific needs, which due to the nature or nature of their specific needs, they cannot engage in professional activity under normal conditions. Conditions; In such a case, the notice of competition or the notice of invitation to tender should refer to this provision.
SECTION 70 DOCUMENTS OF THE CONVENTION
Article 39 Access documents
1. The terms of the documents of the contract must be clear and complete in order to allow the price to be substituted and comparable between the tenders.
2. The documents of the contract shall include in particular: (a) 'notices' (summaries of declarations) '
They shall be published in accordance with Articles 56-58, 109-112, 152 and include the elements of Annex XII to Annex I and XIII to Appendix B. (b) The 'invitation to tender' or ' invitation to tender '
Negotiation ', which shall include all the general and specific conditions of the procedure for the conclusion and implementation of the contract.
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(c) The draft contract with any of its annexes. (d) The spedal conditions and the general
(e) The technical specifications, including the technical specifications for which the contract is to be carried out, shall be entered in the contract documents.
It shall also take into account the technical specifications applicable to the requirements of the contract and (f) any other relevant information or evidence. 3. The documents of the contract shall contain in particular: (a) the authority of the contraaing authority;
(b) the time limit for receipt of tenders;
By the Office and the address to which it should be sent, (c) the name, address, telephone number, and
(d) the competent bodies for the opening-up of the Office of the Office for Official Publications of the European Communities, the Office for Official Publications of the European Communities, the Office for Official Publications of the European Communities,
(e) an accurate description of the physical subject of the contract, the date, time and place of sealing, and the persons entitled to be present;
A contract. Also any option rights for supplementary or new contracts and, if known, the provisional timetable for the exercise of these rights, as well as the number of any extensions for their exercise; (g) the source of financing and the payment method; (h) the currency of the offered price; (i) the conditions for the revaluation of the goods;
(i) after the award, if such a condition is deemed to be necessary, the type, the percentages, the currency, the amount of time;
(ii) technical characteristics (specifications), as well as other safeguards, as well as other assurances, if any;
The quality and description of the products, services or works, the way in which the control is carried out and the quality assurance, the deadline for the fulfilment of the contract, the place and time of execution, and other characteristics, depending on the (i) the conditions and selection criteria, as well as the selection criteria;
(i) minimum levels of these, in relation to the personal and economic and financial and technical and/or professional ability of candidates or tenderers; (m) the opportunity to bid for one or more;
For the first time in the first half of the year. The possibility of submitting alternative tenders;
(o) the award criterion, the procedure and criteria
Evaluation of the tenders. In the case where the holding is the most economically advantageous tender, the methodology and the data on the basis of which tenders are to be evaluated shall be determined. (q) the unconditional, divergence from them;
Shall mean the rejection of the tender.
4. The documents of the contract are to be drawn up in Greek and optionally in other languages, in whole or in part. In the event of an agreement between the sections of the contract documents drawn up in several languages, the Greek version prevails.
5. Contracting authorities/entities shall not impose an expense on the economic operators to obtain the documents of the contract, except for the expenditure corresponding to their reproduction costs and their rapid dispatch.
6. Standards or subsamples of contract documents, non-confidential or not, shall be issued by the authority referred to in Article 15 (20), in accordance with point (e) of the paragraph. 2 of n. 4013/2011 (1 204).
Article 40 Technical specifications
(Article 23 Directive 2004 /18/EC, Article 34 of Directive 2004 /17/EC)
1. The technical specifications, as defined in point 1 of Annex VI of the Appendix A and Annex XXI to Appendix B, are laid down in the documents of the contract, such as invitations to tender, specifications and contracts. I wrote. The technical specifications lay down the characteristics required to have the works, the services or the supplies, and whether the transfer of intellectual property rights will be required. Where possible, these technical specifications
They should be defined in such a way that they take into account the accessibility criteria for individuals with special alpha-nagas or design covering all users.
2. The technical specifications ensure that tenderers are not given access and they do not have the effect of creating unjustified obstacles to opening public procurement contracts.
3. Without prejudice to the provisions laid down, they shall be compatible with Union law, the technical specifications must be worded:
Set out in Annex VI to Appendix A and Annex XXI to the Annex to the Annex to the present order: national standards transposing European standards, European technical specifications, international standards, international standards, international standards, international standards, international standards, international standards, international standards, international standards Standards, other technical reference systems established by the European standardisation bodies or, where these do not exist, national standards, national technical approvals or national technical specifications in the area of the plan, the calculation and the The implementation of the projects and the use of products. Each referral shall be accompanied by a reference "or equivalent". (b) Either by reference to performance or operational performance,
-Flights These may include environmental features and must be accurate in order to allow tenderers to determine the subjectmatter of the contract and the contracting authorities/entities to award the contract. Either with a reference to performance or function;
Children, as defined in point (b), by referring to the specifications referred to in the element
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(d) Either by referral to the specifications referred to in Article 1 (2) (a) or (b) of the Directive, in order to comply with the requirements of the Directive.
They shall be referred to in point (a) for certain characteristics and by a reference to the performance or the functions referred to in point (b) for ory-to-other characteristics.
4. When contracting authorities/entities make use of the possibility of referral to the specifications referred to in paragraph 3 (a), they cannot refuse tender on the grounds that the products and services offered Do not comply with the specifications to which they have referred, where the tenderer proves in his pre-timings, in a manner satisfactory to the contraaing authority/entity, with each appropriate means, that the solutions it proposes satisfy, The technical specifications shall be equivalent. A manufacturer's technical file or a test report by a recognised organisation may constitute an appropriate instrument.
5. Where contracting authorities/entities make use of the option provided for in paragraph 3 to set requirements or functional requirements, they may not be classified as a supply of works, products or services which are Maintain a national standard, which forms part of a European standard, a European technical approval, and a technical specification, an international standard or a technical reference framework drawn up by a European standardisation body, provided that such standards; They cover the performance or operational requirements that they have set. In his bid, the tenderer shall be obliged to -
Indicates, in a satisfactory manner for the contracting authority/entity and with each appropriate instrument, that the project, the product or service which complies with the standard meets the performance or functional requirements laid down by the contracting authority; The contracting entity. A manufacturer's technical file or a test report from a recognised organisation may be associated with an appropriate instrument.
6. When contracting authorities/entities have environmental characteristics as to the performance or functional requirements, as referred to in paragraph 3 (b), they may finance the detailed specifications or, in accordance with paragraph 3 (b), The need, their bodies, as defined by the European, (very) national eco-labels, or by any other eco-label, provided that these specifications are available for determining the characteristics of the pre-morphes or services. They are the subject of the contract, the requirements for the course are formulated on the basis of Scientific evidence, the ecolabel shall be adopted through a procedure in which all interested parties, such as government bodies, consumers, manufacturers and distributors, as well as distributors and periodices, may participate. The Committee of the European Parliament, the European Parliament and the Committee of the European Contracting authorities/entities may
To provide that products or services that are environmentally compatible are satisfied that they comply with the technical specifications laid down in the documents of the contract, they must also accept each other.
An appropriate evidence, such as the manufacturer's technical file or a test report from a recognised body.
7. "Identifying organisms" within the meaning of this Article shall mean testing laboratories, calibration laboratories, control bodies and certification bodies complying with the applicable European standards. Contracting authorities/entities shall accept -
The certificates of recognised organisations set up in other Member States are laid down.
8. If it is not justified by the subject of the contract, the technical specifications may not make a reference to a specific construction or advance or a particular method of manufacture or to refer to a patent, patent or formula, As well as in specific origin or production which would result in the benefit or exclusion of certain undertakings or certain products. Such reference or referral may exceptionally, where it is not possible to make a sufficiently precise and intelligible description of the subject of the contract, pursuant to paragraphs 3 and 4. The reference or referral must be accompanied by the term 'or equivalent'.
Article 41 Obligations concerning taxation, environmental protection
And working conditions (Article 27 Directive 2004 /18/EC, Article 39 Directive)
2004 /17/EC)
1. The contracting authority/entity shall refer to the documents of the contract as specified in Article 39 of this law, the authorities from which the candidates or tenderers may receive the relevant information on the obligations On taxation, the protection of the environment and the obligations arising from the provisions relating to the protection of employment and the conditions of employment in the region or place where benefits are to be made; and At the site of the projects carried out on the site or on site (s) on site Services provided during the execution of the contract.
2. The contracting authority, the contracting entity which has the information referred to in paragraph 1, shall request the tenderers or the candidates in a procurement procedure to indicate that they have taken into account when preparing the tender. The obligations relating to employment provisions and working conditions in force in the place where the contract is to be carried out. The application of the provisions of Article 44 on
The control of abnormally low tenders shall not be affected.
Article 42 Use of the Common Vocabulary for
Public procurement contracts
Any reference to names in the form of the contract shall be made by the use of the Common Lexi -
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Report on the International Council (CPV) of Article 16 of the Article 15.
SECTION EIGHTH AWARD OF CONTRACT
Article 43 Contract award criteria
(Article 53 Directive 2004 /18/EC, Article 55 of Directive 2004 /17/EC)
(1) Without prejudice to the provisions of the provisions relating to the thresholds for certain services, the criteria for which the contracting authority/delegated entities confer the public contracts shall be the following: Longer the longer -
As from an economic point of view an offer at the discretion of the contracting authority/entity, criteria consistent with the subjectmatter of the particular public contract, in particular the quality, value, technical value, safety and operational characteristics, The descriptive features, social criteria, cost-effectiveness, efficiency, post-employment service and technical assistance, the delivery or completion date, the delivery deadline and the security of supply, or (b) only the lowest price. 2. Without prejudice to the third subparagraph of this paragraph,
As provided for in paragraph 1 (a) (a), the contracting authority/entity shall provide for the gravity (relative weighting) which gives each of the selected criteria for the determination of the most tenderer from The financial point of view. This volume may be expressed by the determination of a variation ("shears"). Appropriate range. Where, in the opinion of the contracting authority/entity, it is not possible to stand for reasons which can be demonstrated, the contracting authority/entity shall take the view that these criteria are of importance. The relevant weighting or the order of importance
Where appropriate, the notice to be used as a tendering procedure, in the invitation to confirm interest, referred to in Article 115 (5) of the present notice, in the invitation to tender or to participate in the invitation to tender. Negotiations, the specifications or the descriptive document, in the case of the competition dialogue.
Article 44 Abnormally low tenders
(Article 55 Directive 2004 /18/EC, Article 57 Directive 2004 /17/EC)
1. If, for a given contract, tenders appear to be abnormally low in relation to its subject matter, the contracting authority/contracting entity shall, before taking such tenders, request in writing the provisions on the composition of the tender, Of which it considers desirable. These explanations may relate in particular to:
(a) the economic nature of the structure of construction, the method of manufacture of the products or the provision of services;
(b) the technical solutions chosen and/or the exceptional favourable conditions available to the tenderer for the execution of works, supplies of goods or services;
(c) the originality of the work, supplies or services proposed by the tenderer;
(d) compliance with the provisions relating to the protection of labour and working conditions in force at the place of performance; and
(e) any provision of State aid to the tenderer.
2. The contracting authority shall, in consultation with the tenderer, verify the composition of the tender on the basis of the supporting documents provided.
3. Where the contracting authority/entity finds that an offer is abnormally low due to the granting of State aid to the tenderer, the tender may be refused only for this reason with a specific reasoned decision only. After consultation, and if the tenderer is not able to prove, within an adequate period of time required by the contracting authority/entity, that the aid in question was granted to a legal framework. Where the contracting authority/entity establishes a tender in these circumstances, it shall inform the European Commission thereof.
TITUS II FIGHT AGAINST CORRUPTION
Article 45 Contracting Parties
1. The conclusion of public procurement in accordance with the provisions of this Chapter shall apply the rules laid down in the next paragraphs for the effective prevention, detection and immediate treatment of conflicts of interest arising from The conduct of procurement procedures, including the design and preparation of the demonstration, the compilation of the contract documents, the selection of candidates and tenderers and the involvement of the contract, in order to avoid Any distortions of competition and to ensure equal treatment of all The economic operators. The concept of conflict of interests shall cover at least any situation in which the categories of persons referred to in paragraph 2 have, directly or indirectly, "private interest", i.e. financial or personal interest in the outcome of the procedure. The conclusion of the public contract, which may be regarded as having a detrimental effect on the performance of their duties.
2. The rules introduced in paragraphs 4 et to 8 shall apply to conflicts of interests that are at least the following categories of persons: (a) The members of staff of the contracting party;
Beginning/of the contracting entity, financial institutions or members of the staff of other economic operators implementing public contracts
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Article 22 of the Part I of the present Decision and the members of a selection of opinions, provided that they participate in the preparation and execution of the procedure for the conclusion of a contract. (b) In any capacity as Head and the
Members of the governing bodies of the contracting authority/entity which, without being directly involved in the conduct of the award procedure, may, however, affect the outcome of the award procedure. C) spouses and family members or ex No -
On the other hand, the Court of First Instance held that, in accordance with the provisions of the Treaty, the Court of First Instance held that the Court of First Instance held that the Court of First Instance did not have the right to appeal to the Court for a preliminary ruling.
3. For the purposes of this Article, 'special interests' means personal, family, financial, political or other common interests with candidates or tenderers, including and conflicting professional interests, that In particular: a) Membership of staff or management;
A contracting authority/entity within the meaning of paragraph 2 to the administrative or management bodies of an economic operator, where the economic operator in question is involved in the process of public contract; (b) The holding by a member of staff or of the administration;
A contracting authority or a contracting entity within the meaning of paragraph 2 above, of more than 0,5 % of the shares, corporate shares or any other law on the capital of an economic operator, allowing this member to participate (c) The existence, in the period referred to in paragraph 1, is to manage the affairs of the economic operator in question when the economic operator concerned takes part in the procurement procedure of the contracting authority/entity.
(12) months prior to the start of the contract award procedure and the end of the day on which the contract is concluded, a contractual obligation relating to either the withdrawal of work or the execution of a work or the provision of services or the sale of goods between One of the staff or the management of a contracting authority/entity within the meaning of paragraph 2, with an economic operator, where the entity in question is involved in the process of creating a public contract; Carry out the contracting authority/entity.
(a) The members of staff referred to in this Article shall be subject to the following conditions:
Paragraph 2 (a) shall be required to disclose any conflict of interests of their own or related persons within the meaning of paragraph 2 (c), in relation to any sub-digit or tenderer, from the time when they become In the case of the conflict, the contracting authority/entity should be able to take corrective action. At the same time, they must refrain from any action relating to the performance of the award procedure. (b) Candidates and tenderers are required to:
The Committee of the Committee of the European
A statement on the existence of any special relations, such as a particular link, a particular relationship or a dispute with the persons referred to in paragraph 2 (b) and their related persons, within the meaning of paragraph 2 (c); These persons may put the persons concerned in a conflict of interest. The contracting authority/entity shall indicate in the separate report referred to in Articles 63, 84, 130 if any candidate or tenderer has been submitted to it.
5. In the event of conflict of interests, the contracting authority/entity shall immediately inform the Authority of paragraph 20 of Article 15 and shall take the appropriate measures. These measures may include the exclusion of the specific staff of staff from any participation in the relevant procurement procedure. If a conflict of interests is impossible to remedy in another way, the candidate or candidate concerned shall be excluded from the procedure. For the exception of the preceding subparagraph, additional provisions shall apply to the provisions of this Article, paragraphs 4 and 5 of Article 7 of the Law. NO 2690/1999 (45).
6. In the event of a special relationship, the contracting authority/entity shall immediately inform the Authority of paragraph 20 of Article 15 and shall take the appropriate measures to avoid any immaterial influence in the award procedure and in order to Ensure equal treatment of candidates and tenderers. If the conflict of interests cannot be remedied in any other way, the candidate or tenderer concerned shall be excluded from the procedure.
7. The obligations and prohibitions in the preceding paragraphs shall apply if the economic operator is a joint venture, for all members of the consortium and, if the economic operator uses subcontractors, and for its subcontractors.
8. All measures taken in accordance with the Article shall be established in a separate report which is taken in the contract dossier.
Article 46 Parano-Summaries
1. The contracting authority/entity shall include, in the text of the contract, a special clause on the basis of which the contraaing public contract of the present law or its legal representatives do not, in all stages preceding In the case of the award of the contract, they did not act as pupils, paranos or abusive, and that they would continue to do so in the course of the contract but after the expiry of the contract. Indication of this obligation shall be included in the contract notice and the notice of the contract.
2. In the event that, until the expiry of the duration of the contract, a breach of the obligations of the contractual term referred to in paragraph 1 by the Contractor, the latter shall be declared invalid.
3. The obligations and prohibitions of the clause referred to in paragraph 1 shall apply if the contraaor is known for all members of the consortium.
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PART TWO RULES APPLICABLE TO PUBLIC CONTRACTS AND CONCESSIONS
FORESTS OF THE WORKING OF CONTRACTING AUTHORITIES
THE SCOPE OF THE APPLICATION
Article 47 Scope
The provisions of this Part shall apply to public contracts awarded by contracting authorities referred to in Article 18 of this Act.
TITLES OF THE AWARD PROCEDURES
SECTION FIRST CHOICE OF AWARD PROCEDURE
Article 48 Use of open, closed and negotiate
Procedures and competitive dialogue (Article 28 Directive 2004 /18/EC)
1. Contracting authorities shall conclude public procurement using either open procedure or the restricted procedure.
2. Contracting authorities may conclude public contracts with the use of a competitive dialogue in accordance with the specific provisions of Article 49.
3. In the special cases expressly provided for in Articles 50 and 51, the contracting authorities may resort to the procedure with negotiation, with or without publication of a contract notice.
Article 49 Competitive dialogue
(Article 29 Directive 2004 /18/EC)
1. In the case of highly complex contracts, the contracting authority, if it considers that the use of the open or restricted procedure does not permit the award of the contract, may appeal to the competitive dialogue in accordance with this Article.
2. In the application of the procedure laid down in that Article, the award of public contract shall be reserved exclusively on the basis of the criterion of the most economically advantageous tender.
3. Contracting authorities shall publish a notice of invitation to tender. The notice or the tender documents shall communicate their needs and needs.
4. With the candidates selected in accordance with the provisions of Articles 66 to 75 in a dialogue, the purpose of which is to investigate and determine the instruments that can best meet their needs. As a result of the dialogue, all aspects of the contract should be included. During the dialogue, contracting authorities
Ensure equal treatment of all tenderers. In particular, they shall not be required to provide, in particular,
(i) the way in which it creates discrimination, information which it accepts to favour certain tenderers in relation to others. Contracting authorities may not reveal to the other participants the solutions or other confidential information transmitted by a candidate participant without its consent.
5. The notice or accompanying documentation may provide that the procedure is carried out in successive stages in order to reduce the number of solutions examined in the successive phases of the dialogue, in accordance with the award criteria.
6. The contracting authority shall conduct the dialogue until such time as it can identify, after a comparative assessment, the solutions or solutions that meet its needs.
7. Having declared the end of the dialogue and informed of the participants, the contracting authorities shall invite them to submit their final tenders on the basis of the solutions submitted and specified during the dialogue. Such tenders must contain all the necessary and necessary information to carry out the necessary pre-morals or services. The contracting authority may request clarification,
The tenders shall be completed or adjusted. Dividations, clarifications, adjustments or supplements may not result in the modification of the essential elements of the tender or the invitation to tender, resulting in discrimination or distortion of competition.
8. Contracting authorities shall evaluate the tenders, as submitted by the tenderers, on the basis of the award criteria set out in the contract notice and the tender documentation, and shall select the most economically advantageous tender. See Article 43 of this law. He who has been deemed to have submitted the most appropriate
The contracting authority may decide to clarify aspects of its tender, or to confirm the commitments it contains, provided that the essential elements of the tender are not disclosed; (i) a proposal for a Council decision on the conclusion of the Agreement between the European Economic Community and the Government of the Republic of South-Eastern Europe.
9. Contracting authorities may provide for the award of award prizes or payment of an amount to participants in the dialogue.
Article 50 Negotiation procedure with publication
Competition notice (Article 30 of Directive 2004 /18/EC)
1. Contracting authorities may conclude public procurement by means of a negotiated procedure after publication of a tender procedure in the following cases: (a) In the case of non-standard tenders, or
Tenders which are inadmissible in accordance with the provisions laid down in Articles 33, 43, 44, 64, 65, 67-75 and 132 of this law, following open or closed doors;
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A trial or a competitive dialogue, provided that the original terms of the contract are not substantially altered. The contracting authorities may not publish
Notice of competition if, in the process of negotiation, they include all tenderers who fulfil the criteria set out in Articles 68 to 75 of the present law and which, in the open or restricted procedure or in the preceding competition (b) In exceptional cases, in exceptional cases, when it is a question of:
(c) In the field of services, in particular in the field of services, such as nature or services, the nature or services of which are not possible.
Category 6 of Annex II A of Appendix II and for intellectual work, such as the capture of a project, to the extent that the nature of the work to be carried out does not allow for the determination of sufficient accuracy in the specification of the contract, (d) In the case of works carried out by the competent authorities of the Member States, the Commission shall act in accordance with the procedure laid down in Article 3 (2) of Regulation (EC) No 519/1999.
Solely for the purpose of research, testing or finishing, and not to ensure the efficiency or coverage of research and development costs.
2. In the cases referred to in paragraph 1, contracting authorities shall negotiate with tenderers in order to adapt their tenders to the terms of the competition notice, the specifications and the other tenderers; Of the competition rules and in order to achieve the best bid, in accordance with Article 43 (1).
3. During the negotiation, the contracting authorities shall ensure equal treatment of all tenderers. In particular, they do not provide, in such a way as to create discrimination, information favouring certain tenderers in relation to others.
4. Contracting authorities may provide for in the contract notice or specifications that the negotiation process is conducted in inter-context stages in order to reduce the number of bids to be carried out by implementing the pro - See the award criteria laid down.
Article 51 Negotiation procedure without publication
Invitation to tender (Article 31 Directive 2004 /18/EC)
Contracting authorities may conclude their public contracts by proceeding with a negotiated procedure without prior publication of a contract notice in the following cases:
(a) If, after an open or restricted procedure, it does not comply with the provisions of the Treaty, the
An offer or any of the submitted bids has been submitted; tenders are not appropriate, or if there is no candidate, provided that the original terms of the contract have not been substantially altered and with the
(b) If, for technical reasons, artistic or related reasons, a report is sent to the European Commission.
(c) To the extent that is strictly necessary, the contract can only be entrusted with the protection of exclusive rights, the contract can only be entrusted to a Member State.
It is not possible to comply with the deadlines laid down for open, closed or negotiated procedures with unforeseen events for the contracting entities concerned, or to negotiate procedures with the publication of a contract notice. Article 50 of the present law shall apply. The circumstances invoked by contracting authorities in order to assess the urgency of the matter must not, in any event, derive from their own responsibility.
2. Foreground for public procurement: a) Where the products concerned are manufactured by -
For research, study or development for purposes of research, study or development, for a quantity that does not guarantee the commercial viability of the product or the amortisation of research and development expenditure.
Are carried out by the original supplier and pre-defined either for the partial renewal of pre-morals or current use situations or for the extension of existing pre-morals or installations, provided that the change to the supplier would oblige the contracting entity to It is not possible to provide material with different technical characteristics, which are incompatible with or cause similar technical difficulties in terms of use and maintenance. The duration of such contracts, as well as of renewable contracts, shall not exceed three years, except in exceptional circumstances, the assistance of which must be justified in particular. (c) In the case of pre-supplies contracts,
(d) When they have as their object a supply of goods, under the terms of the Regulation, they shall be purchased in accordance with the provisions of this Regulation.
Special favourable conditions either by a supplier which permanently ceased its commercial activity or from the liquidator or liquidator of bankruptcy or other analogous procedural procedure.
3. Foreground for public service contracts: When the relevant contract is followed by a competition
And should, in accordance with the applicable rules, be awarded to the winner or one of the winners of this competition. In the latter case, the winners of the competition are invited to participate in the negotiations.
4. For public works contracts and services: a) When related to supplementary projects or services
Which were not included in the initially awarded study either in the initial contract and which, due to the foreseeable circumstances, became necessary for the performance of the works or service, as described in the initial contract, under the Condition that the award is made to the economic operator performing such services or the service, provided that the ancillary works or services are either not technically or economically separated from the initial contract without To create a major species
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Problems for contracting authorities, whether or not they may be separated from the implementation of the original contract, except as is strictly necessary for its completion. (b) Where new projects or services are subject to new projects or services, the cumulative amount of ancillary works or services shall not exceed 50 % of the amount of the initial contract.
Which consist of the repetition of similar works or services entrusted to the economic operator-by-structure of the initial contract by the same contracting authorities, provided that such works or services are in accordance with a basic study which In the case of an initial contract, it has been agreed in accordance with the open or closed procedure. The possibility of recourse to this procedure must be
It shall be noted already in the initial notice of competition and the total amount planned for the association of works or services shall be taken into account by the contracting authorities when applying Article 23 of this law. An appeal to this procedure shall only be allowed for a period of three years after the conclusion of the initial contract.
Article 52 Framework agreements
(Article 32 (1) 2 Directive 2004 /18/EC)
1. Contracting authorities may conclude framework agreements.
2. For the conclusion of a framework agreement, the delegated authorities shall follow the procedural rules laid down in this law at all stages up to the award of contracts based on that framework agreement. The selection of contracts in the framework agreement shall be selected in accordance with the award criteria set out in accordance with Article 43 of this law. The agreements are based on a framework agreement.
Be in accordance with the procedure laid down in Articles 53 and 54 of this law. This procedure shall apply only between the contracting entities and the economic operators who were in the beginning of the framework agreement. On the conclusion of the agreements based on
A framework agreement, the parties may not, in any event, make substantial amendments to the framework agreement, in particular in the case referred to in Article 53 of this law. The duration of a framework agreement cannot be
The four (4) years, except for exceptional cases which are specifically justified, in particular because of the scope of the framework agreement. The contracting authorities shall not be able to resort to
In the framework agreements abusively or in such a way as to impede, restrict or distort competition.
Article 53 Framework agreements with an economic operator
(Article 32 (2)) 3 Directive 2004 /18/EC)
Where a framework agreement with a single economic operator is concluded, the contracts based on that
The framework agreement shall be awarded in accordance with the conditions laid down in the framework agreement. For the purpose of contracting these contracts, contracting authorities may consult the institution in writing, requesting, if necessary, to complete its tender.
Article 54 Agreements-framework with more
Financial institutions (Article 32 (2)) 4 Directive 2004 /18/EC)
1. When a framework agreement with more economic operators is concluded, it must be at least three (3), provided that there is sufficient number of non-economic operators meeting the selection criteria and/or accepted tenders which Meet the award criteria. These contracts may be awarded: - either by applying the conditions laid down in the
A framework agreement without a new competition, or, where not all the conditions have been fixed in the
A framework agreement, after rebidding the parties on the basis of the same conditions, if necessary specifying these conditions, and, if necessary, other conditions attached to the specification of the framework agreement, in accordance with the following procedure: For each contract to be concluded, the
Contracting authorities shall consult the competent bodies competent to carry out the contract. B) Contracting authorities shall provide for adequate time-limits.
For the submission of tenders relating to each contract, taking into account measures such as the complexity of the subject matter and the time necessary for the transmission of tenders. This time limit may not be less than ten (10) days, or more than twenty (20) days. (c) Tenders shall be submitted in writing and in writing.
(d) The award of each contract shall be entrusted to the tenderer by the competent authority of the Member State concerned.
Which submitted the best tender on the basis of the award criteria set out in the specifications for the framework agreement.
2. When the subject of the framework agreement with more economic operators is subdivided into several sections, only economic operators of the non-participating Member States shall be consulted in consultation with each other. Of the contract.
3. In the case of agreements-a framework with more economic operators, tenderers shall, at the time of submission of tenders, make a solemn declaration. 1599/1986 (1 75) that they still fulfil the criteria for qualitative selection of the original declaration on the basis of which the framework agreement was concluded. The selected economic operator shall be invited to provide up-to-date documentary evidence of its personal situation prior to the conclusion of each operator's contract.
4. The framework agreements and their implementing agreements shall be sent for preventive control of the Court of Auditors in accordance with the relevant provisions.
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Article 55 Conventional works contracts: specific rules concerning the construction of social housing
(Article 34 Directive 2004 /18/EC)
1. In the case of public contracts subject to the study and the construction of a social housing, for which, due to the importance, the complexity of the construction and the foreseeable duration of the projects, the project must be In the context of close cooperation, within the framework of the representatives of the contracting authorities, experts and the contractor to be entrusted with the implementation of the projects, a specific procedure may be applied. (b) in order to ensure that the person concerned is eligible for inclusion in the contract.
2. In particular, contracting authorities shall include in the tender notice the most precise description of the works, so that the undertakings concerned are able to give a clear idea of the project to be carried out. In addition, contracting authorities shall, in accordance with the provisions laid down in Articles 68 to 75 of this Law, specify the criteria for qualitative selection, personal, technical, economic and financial terms, in accordance with Articles 68 to 75 of this Act. They have to meet the candidates. Where recourse is made to this procedure, the competent authorities shall apply Article 16 (2) (b). I would like to thank the Committee on the Rules of the Rules of
SECTION SECOND RULE OF JOURNALISM AND TRANSPARENCY
OFFICIAL JOURNAL OF THE EUROPEAN UNION
Article 56 Preaches
(Article 35 Directive 2004 /18/EC)
1. Contracting authorities shall communicate by means of a preliminary notice, published by the Commission or by the same person in the buyer profile referred to in Annex VIII, point 2 (b) of the Annex A: (a) When it comes to Pre-supplies, the estimated contribution,
(ii) the legal value of the contracts or contracts, by product groups, which they intend to conclude by 12 (12) consecutive months, with the total estimated amount, including the opinion of Articles 23 and 25 of this Regulation, shall be equal Exceeds the seven hundred and fifty thousand (750,000) euro. The product groups are determined by the contracting authorities with a referral to the CPV nomenclature. (b) In the case of services, the estimated
The legal value of the contracts or framework agreements for each of the categories of services listed in Annex II A to the categories of services, which they intend to conclude at 12 (12) months, provided that this assessment is carried out by the competent authorities of the Member States. A total amount, having regard to Articles 23 and 25 of this Regulation, shall be equal to or more than seven hundred and seven years;
Da thousand (750,000) euros. (c) When it comes to projects, the basic features
Of the contracts or framework agreements which they intend to conclude, the estimated amounts of which are equal to or exceed the threshold referred to in Article 23 of the present Article 25 of this Regulation. The notices referred to in (a) and (c)
They shall be sent to the European Commission or publicly available to the buyer profile as soon as possible after the start of the financial year. The notice referred to in point (c) of
It shall be sent to the Commission or published in the 'Profiling' profile as soon as possible after the adoption of the programme approval of the programme contracts or framework agreements, which the contracting authorities intend to adopt. To compose. Contracting authorities which publish the proc -
A contract notice on the buyer profile, sent to the European Commission electronically, in accordance with the format and the terms of transmission provided for in Annex VIII, point 3 of Annex I, a notice, with which Announce the publication of a preliminary notice on the buyer profile. The publication of the notices referred to in
Points (a), (b) and (c) are mandatory only in cases where contracting authorities exercise their right to reduce the time limits for receipt of tenders in accordance with Article 59 (4) of this law. This paragraph shall not apply to the parties;
The Commission will be able to consult the European Economic and Financial Committee on the implementation of the competition rules.
2. Contracting authorities who wish to conclude a public contract or a framework agreement, using an open, restricted or negotiated procedure with the publication of a notice of competition, under the provisions referred to in Article 50 of this Decision. Legal terms or in a competitive dialogue, in accordance with Article 49 of these Conditions, knowledge of their intention with the issuing of a contract notice.
3. Contracting authorities wishing to apply a dynamic purchasing system shall notify their intention to the issuing of a contract notice. Furthermore, contracting authorities wishing to conclude a public contract on the basis of a dynamic purchasing system shall notify their intention through a single invitation to tender.
4. Contracting authorities which have concluded a public contract or framework agreement shall send to the European Commission the proclamation of the results of the procurement procedure no later than forty eight (48) days after the conclusion of the contract or A framework agreement. In the case of framework agreements concluded in accordance with Articles 52 to 54 of this law, contracting authorities shall be exempted from the sending of a contract notice to the conclusion of each contract based on the framework agreement. Contracting authorities shall send a notice of the results of the conclusion of contracts based on a dynamic purchasing system,
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At the latest 48 days after the conclusion of each contract. They may, however, collect these notices on a quarterly basis. In this case, they shall send such concentrated notices at the latest forty-eight (48) days at the end of each quarter. In the case of public service contracts
Which are listed in Annex II B of Appendix II, contracting authorities shall specify in the contract notice whether they permit their publication. In accordance with the procedure laid down in Article 77 (2) of Directive 2004 /18/EC, the Commission shall, in accordance with the procedure laid down in Article 77 (2) of Directive 2004 /18/EC, draw up the rules for the compilation of statistical reports on the basis of these notices and on the publication of such notices. Such reports. Certain information on its conclusion
The framework or the framework agreement may not be published, where disclosure of the provisions may be contrary to the public interest or may harm the legitimate interests of the public or of the public; or In the case of private economic operators or the conditions of competition between them.
Article 57 Pension and details of public service
Notices (Article 36 of Directive 2004 /18/EC)
1. The notices shall include the information referred to in Annex VII A of Appendix VII and any additional information deemed useful by the contracting authority, using the standard forms approved by the contracting authority. European Commission, in accordance with the provisions of Article 77 (2) of Directive 2004 /18/EC, procedure.
2. The notices sent by the authorities to the European Commission shall be forwarded either by electronic means, in accordance with paragraph 3 of Annex VIII to the Annex, or by other means. In the case of the accelerated procedure described in Article 59 (8) of this law, the notices must be sent by telefax or e-mail, in accordance with the provisions of Section 3 of the Annex. VIII of the Appendix A. The notices shall be published in accordance with the technical specifications.
The publicity characteristics referred to in point 1 (a) and (b) of Annex VIII to Annex I.
3. The notices drawn up and sent by electronic means, in the form and in accordance with the transmission details of Section 3 of Annex VIII to Annex I, shall be published in a maximum of five (5) days after their dispatch. Where the notices are not sent by electro -
Shall, in the form and in accordance with the transmission details of Section 3 of Annex VIII to the Annex, be published not later than 12 (12) days after dispatch or, in the case of the accelerated procedure referred to in Article 59, Paragraph 8, at the latest five (5) days after their entry.
4. The invitations to tender shall be published in the Greek language. Only the text published in this language shall be deemed authentic. The most important elements of each notice are published in other official languages. The cost of the publication of these notices by the European Commission shall be borne by the European Union.
5. The notices and their content shall not be published at national level before the date of their dispatch to the European Commission. Notices published at national level should not include information which is different from those contained in the tenders sent to the European Commission or published in the 'buyer profile' in accordance with the 'buyer profile'. Article 56 (1), first subparagraph, must bear the date of dispatch of the relevant news to the European Commission or the publication in the 'buyer profile'. Preliminary invitations to tender shall not be published in the 'buyer profile' before the shipment to the European Commission of the notice announcing their publication in this form, and should indicate the date of the consignment.
6. The content of the notices not sent by electronic means is limited to-six hundred and fifty (650) words.
7. Contracting authorities shall demonstrate the date of dispatch of the notices.
8. The Commission grants the contracting authority a desecration of the publication of the information which it has read, indicating the date of that publication. This certificate shall constitute proof of the actual publication of the publication.
Article 58 Non-compulsory publication
(Article 37 Directive 2004 /18/EC)
1. Contracting authorities may publish in accordance with Article 57 notices for public contracts which are not subject to the compulsory publication provided for in the provisions of this Part.
2. The publication, in accordance with paragraph 1, does not entail an obligation to apply the other provisions of the Second Party.
CHAPTER B FORWARD MEASURES
Article 59 Deadline for receipt of applications
Participation and tender (Article 38 of Directive 2004 /18/EC)
1. In determining the time-limits for receipt of tenders and requests for participation, the competent authorities shall take into account, in particular, the complexity of the contract and the time required for the preparation of tenders, without prejudice to the Of the latent deadlines specified in this Article.
2. In open procedures, the minimum deadline
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At the time of the receipt of tenders, it shall be 52 days from the date of dispatch of the invitation to tender.
3. In restricted procedures, in the 50 procedures defined in Article 50 negotiated with the publication of a competition notice and in the competitive dialect:
(b) In restricted procedures, the minimum time limit for the submission of tenders is 37 (37) days after the date of dispatch of the contract notice.
40 (40) days after the date of dispatch of the invitation to tender.
4. In cases where contracting authorities have published a preliminary notice, the minimum time limit for the receipt of tenders referred to in paragraph 2 and paragraph 3 (b) may, as a general rule, Is limited to thirty-six (36) days but is not in any case less than twenty-two (22) days. This period shall start from the date on which the
In the case of a restricted procedure, the invitation to tender, in order for an open procedure, and the date on which the invitation to tender is sent, shall be opened. The shorter deadline referred to in the first paragraph
A minimum may be imposed, provided that the prior information notice has included all information required in the contract notice, which is included in Annex VII A to Appendix A, provided that such information is provided for in Annex VII. Are available in the publication of the notice and the preliminary notice has been sent for public consultation between a minimum interval of fifty two (52) days up to a maximum of twelve (12) months prior to the date of dispatch. Of the contract notice.
5. When the notices are drawn up and sent by electronic means, in accordance with the format and the terms of the transmission provided for in Annex VIII, paragraph 3 of Annex I, the proposals for receipt of the tenders laid down In paragraphs 2 and 4, for open procedures, and the time-limit for receipt of requests for participation referred to in paragraph 3 (a), for closed and negotiated procedures with the publication of a notice of competition and A competitive dialect can be reached by seven (7) days.
6. Compact by five (5) days of the receipt of tenders laid down in paragraph 2 and in paragraph 3 (b), it shall be possible where the contracting authority provides, by electronic means and from the date of publication of the notice, In accordance with Annex VIII to the Annex 'VIII', free, direct and complete access to the specifications and other issues of the competition, specifying the text of the contract notice to which the contract is made available. Documentation. This composition may be defined in addition to the reduction provided for in paragraph 5.
7. When, for any reason, the tender specifications and the supplementary issues, documents or payments;
For the purposes of this Regulation, the provisions of Articles 60 and 61 of this law have not been provided within the limits set out in Articles 60 and 61 of this law, as requested by a deadline or where tenders may only be drawn up after an on-the-spot review or examination of documents annexed to it. In writing. - The conditions for the receipt of tenders are extended, so that all interested parties may obtain knowledge of all the information necessary for the wording of the tenders.
8. In restricted procedures and negotiated procedures with the publication of a contract notice referred to in Article 50, where urgent reasons make it impossible to comply with the minimum time limits provided for in this Article, Contracting authorities may specify: (a) Deadline for receipt of requests for participation,
Which may not be less than 15 (15) days from the date of dispatch of the notice of competition or ten (10) days, if the notice was sent by electronic means, in accordance with the format and the transmission details which (b) In the case of closed procedures, Annex VIII is provided for in Annex VIII (3) (b).
The deadline for receipt of tenders cannot be less than ten (10) days from the date of dispatch of the invitation to tender.
Article 60 Open procedures: Writings, documents and supplementary information
(Article 39 Directive 2004 /18/EC)
1. In open procedures, where contracting authorities do not provide an electronic means, in accordance with Article 59 (6), free, direct and full access to the contract documents, the tender documentation and in general in all contracts Documents, specifications and supplementary documents shall be sent to economic agents within six (6) days following receipt of the relevant application, if the application has been submitted in time, before the date of entry into force. Submission of tenders.
2. The supplementary information relating to the specifications and the supplementary programmes shall be communicated by the contracting authorities or the competent services not later than six (6) days before the expiry of the time limit set for that purpose. The tenders, if they have been requested in advance.
CHAPTER C ' CONTENT AND MODE OF TRANSMISSION
INFORMATION FOR INFORMATION
Article 61 calls for tender, participation
In the dialogue or negotiation (Article 40 Directive 2004 /18/EC)
1. In restricted procedures, in the competitive dialogue and in the procedures for negotiation with public authorities;
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(a) the contracting authorities invite the selected candidates to submit their tenders, or to participate in or, in the case of a competition, or, in the case of a competitor, the contracting authorities invite the selected candidates to submit their tenders or to participate in or, in the case of a competitive Dialogue, dialogue.
2. The invitation to these candidates contains either a copy of the writing of an obligation or of the descriptive document and of all the supplementary documents, or a reference to the means of access to the specifications and other documents. Referred to in the first indent, when they are placed in immediate disposal by electronic means, in accordance with Article 59 (6).
3. Where the specifications, the descriptive document and/or the supporting documents are available to a body other than the contracting authority, the invitation shall specify the address of the service, from which the services may be requested. (i) documents and the date of expiry of the time-limit for such application, and the amount and manner of payment of the amount to be paid for the purpose of obtaining such documents. The competent authorities shall send these documents to economic operators without delay upon receipt of their application.
4. The supplementary information relating to the specifications, the descriptive document and the supporting documents shall be communicated by the contracting authorities or the competent services at a slower than six (6) days before the expiry of the deadline. Designated for the receipt of tenders, e-on request for time. In the event of a restricted or negotiated procedure, the deadline shall be four (4) days.
5. In addition, the invitation to tender, engaged in dialogue or negotiation shall contain at least: (a) a referral to the published notice of
(b) the date of expiry of the deadline for receipt
(c) in the case of competitive dialogue, the address to which tenders must be sent and the language or languages to which they must be drawn up;
The date fixed and the address for the initiation of the consultations, as well as the language or languages to be used, (d) an indication of the documents to be used;
Are attached, either for the purpose of establishing declarations to be verifiable and to which the suspicion is made in accordance with Article 67 or for the fulfilment of the information provided for in the same Article, under the same conditions as Referred to in Articles 70 and 71 and (e) the weighting of criteria for the award of the contract
Or, where appropriate, the descending order of importance of these criteria, if not included in the notice of competition, the specification or the descriptive document. In the case of contracts concluded in accordance with
The information referred to in point (b) of this paragraph shall not be included in the invitation to tender in accordance with the provisions of the Article.
Dialogue, but they are noted in the invitation to tender.
Article 62 Adoption of candidates and tenderers
(Article 41 of Directive 2004 /18/EC)
1. Contracting authorities shall inform the candidates and tenderers of the decisions taken in connection with the framework agreement, the award of a contract or trampling on a dynamic purchasing system; Including the reasons why they decided not to conclude a framework agreement, not to award a contract for which there was a competition and to start a new procedure or to implement a dynamic purchasing system. Contracting authorities shall provide such information in writing on request.
2. At the request of the interested party, the contracting entities shall make known as soon as possible: (a) any unsuccessful applicant of his application, (b) any unsuccessful bidder, the reasons for the rejection; Of his offer. In the cases referred to in Article 40 (4) and (5), they shall also give reasons for their decisions on non-equivalence or the non-response of the pre-morals or services to performance or function, and (c) each tenderer. Which has submitted a admissible tender, the characteristics and the associated surplus of the bid, and the name of the contractor or the parties to the framework agreement. The deadline for notification is not in any way possible.
Be more than 10 (15) days after receipt of a written request.
3. The contracting authorities may not disclose certain information on the award of contracts, the conclusion of framework agreements or the acceptance of a dynamic purchasing system referred to in paragraph 1, if the notification of such contracts is This information may result in the application of the provisions laid down, contrary to the public interest or may harm the legitimate interests of public or private economic operators or the conditions of competition between them.
Article 63 Minutes
(Article 43 Directive 2004 /18/EC)
For each contract, each framework agreement, and any pooling of a dynamic purchasing system, the contracting authorities shall draw up a report, which shall include at least:
(b) The name of the candidates or candidates, the subject matter and the value of the contract, the framework or the dynamic market.
(c) The name of the candidates who have been excluded or before;
(d) the reasons for the rejection of the tenders, and the reasons therefor;
Were found to be abnormally low.
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(e) the name of the contractor and the reasons for the choice of his tender, as well as, if known, the part of the contract or agreement; a framework that the contractor intends to subcontract to third parties. As regards procedures with negotiation,
(g) As regards the competitive dialogue, the provisions laid down in Articles and of this Regulation, which justify recourse to these proceedings.
(i) in the circumstances referred to in Article 1 (2) of Regulation (EEC) No 40281/ (2) of the Treaty establishing the European Economic Community, and in particular Article 3 (2) thereof,
Which the contracting authority has assessed its intention to conclude a contract or a framework agreement or to sell a dynamic purchasing system. The contracting authorities shall take the appropriate measures.
Measures to facilitate the conduct of the procurement procedures carried out by electronic means. The report, or at least its main elements,
Shall be notified to the European Commission after its adoption.
PART THREE OF THE PROCESS OF PROCEEDING
CHAPTER A'S
Article 64 Alternative offers
(Article 24 of Directive 2004 /18/EC)
1. Where the award is based on the criterion of the most economically advantageous tender, contracting authorities may allow tenderers to submit alternative tenders.
2. The connaaing authorities shall specify in the notice of competition whether they permit alternative tenders. If there is no explicit reference, alternative tenders are not allowed.
3. Contracting authorities permitting the interim offers shall specify in the specifications the minimum conditions to be met by the variants and the manner in which tenders may be submitted.
4. Contracting authorities shall take into account other tenders which meet the minimum conditions laid down therein. In the framework of the procurement procedures,
The contracting authorities which have accepted alternative offers cannot reject an alternative offer solely on the ground that, if it is chosen, it will lead, respectively, to the conclusion of a service contract and not On the basis of a proposal from the Commission, the Council adopted Regulation (EC) No 3247/ 2003 on the conclusion of an agreement between the European Community and the Republic of Slovenia.
Article 65 Subcontracting
(Article 25 Directive 2004 /18/EC)
In the notice and/or specifications, the
The Contracting Authority asks the tenderer to indicate in its tender the part of the contract proposed to subcontract to third parties as well as the subcontractors it proposes. The manifestation of such intention does not remove the responsibility of the non-economic operator.
CHAPTER B: QUALITY SELECTION CRITERIA
Article 66 Eligible tenderers
Candidates or tenderers and, in the case of intermediaries, such members may be natural or legal persons established in a Member State of the European Union (EU) or the European Economic Area (E.O.C.), as well as in third countries with (iii) the conclusion of the Agreement between the European Economic Community and the United States of America on the conclusion of the Agreement between the European Economic Community and the Government of the Republic of Cyprus on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Cyprus. If the contract is covered by the Agreement in question, it shall be subject to the provisions of this Agreement.
Article 67 Verification of suitability, selection of participants and award of contracts
(Article 44 of Directive 2004 /18/EC)
1. The contracts shall be awarded on the basis of the criteria laid down in Articles 43 and 44, taking into account the provisions of Article 64, after the contracting authorities have checked the appropriateness of the economic operators which have not been excluded in accordance with the provisions of Article 64. Arm 68 and 69. The conformity check shall be carried out by the contracting authorities in accordance with the criteria of economic and financial and professional and technical knowledge or competence referred to in Articles 70 to 75 of this Regulation. (a) and, where appropriate, the criteria and rules referred to in paragraph 3 of that Article.
2. Contracting authorities may request the minimum level of economic and financial and/or technical and/or professional competence of the contracting authorities in accordance with Articles 70 and 71 of this law, which the candidates must cover. And the tenderers. The extent of the information referred to in the
Articles 70 and 71, as well as the minimum level of satisfaction required for this contract, should be linked and proportionate to its objective. These minimum levels are given in the notice of competition.
3. In restricted procedures, in procedures for publication of a competition notice and in the competitive dialogue, contracting authorities may limit the number of candidates invited to submit a tender, To negotiate or participate in the dialogue, provided that there is a sufficient number of suitable candidates. Contracting authorities shall specify, subject to the notice of competition, objectively and without
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Discriminatory criteria or rules which you intend to apply, the minimum number and, where appropriate, the number of candidates invited. In the restricted procedure, the minimum number is
(5) In the process of negotiation following publication of a contract notice and in the competition procedure, the minimum number is three (3). In any event, the number of candidates invited must be sufficient to ensure effective competition. The contracting authorities shall invite a number of candidates;
At least equal to the minimum number of candidates fixed in advance. In the event that the number of candidates satisfying the selection criteria and the minimum levels is less than the minimum threshold, the contracting authority may continue the procedure by calling on the candidate or candidate candidates. The required levels of satisfaction. The contracting authority may not include in that procedure other economic operators who have not submitted an application for participation or candidates who do not fulfil the required level of competence.
4. Where contracting authorities make use of the limits of the number of solutions to be discussed or the tenders to be negotiated, as provided for in Article 49 (6), and in Article 50 (4), they shall take place in accordance with Article 50 (4). (i) the application of the award criteria set out in the notice of competition, the commitment or the descriptive document. In the course of the year, this number should allow for a proper competition, provided that there is a sufficient number of suitable tenders or candidates.
Rule 68 Personal situation of the candidate
Or of the tenderer (Article 45 Directive 2004 /18/EC)
1. Impossible from participation in a public procurement contract, the candidate or tenderer, at the expense of which there is an irrevocable sentence, known to the contracting authority, for one or more of the following reasons. Organisation, such as
Article 2 (1) of Council Joint Action 98 /773/JHA (OJ L 351, 29.1.1998, p. 1. (b) Bribery as defined, respectively, in
Article 3 of the Council Act of 26 May 1997 (OJ C 195, 25.6.1997, p. 1) and Article 3 (2). Council Joint Action 98 /742/CFSP (OJ L 358, 31.12.1998, p. 2). (c) Fraud within the meaning of Article 1 of the Convention
On the protection of the financial interests of the European Communities (OJ C 316, 27.11.1995, p. 43). (d) the allocation of proceeds from criminal activity;
The European Parliament and the Council of the European Union, as defined in Directive 2005 /60/EC of the European Parliament and of the Council of the European Union, on the prevention of the use of the financial system The allocation of revenue from illegal activities
And the financing of terrorism (OJ L 309 /15/25.11.2005), the provisions of Directive 2006 /70/EC of the European Commission (OJ L 214 /29/4.8.2006), which are integrated with the n. Regulation (EEC) No 3691/2008 (1 166) and the relevant provisions of the Law shall be replaced. 2331/1995 (1 173) as applicable. Contracting authorities shall request the candidates or
Bidders to submit the documents referred to in paragraph 3 of that Article. They may, in so far as they contribute to the personal situation of the candidates/tenderers concerned, address the competent authorities in order to obtain the information they consider necessary for the personal situation of the candidates or tenderers. Offer of services. Where the information relates to a candidate or tenderer established in another Member State, the contracting authority may request the cooperation of the competent authorities. Such requests shall concern, in accordance with the laws of the Member State in which the candidate or tenderer is registered, the legal and/or natural persons, including, where appropriate, the directors of an undertaking, or of any person, Powers of representation, decision-making or control of the candidate or tenderer.
2. Any economic operator may be excluded from participation in the contract where: (a) Bankruptcy, winding-up, winding-up,
(b) It has moved to the detriment of the procedure for declaring a declaration to be enforceable in accordance with the provisions of Article 3 (1) of the Treaty.
(c) It has been condemned on the basis of a judgment which has been ordered by the Court of Justice for bankruptcy, bankruptcy, bankruptcy, bankruptcy, bankruptcy, bankruptcy or any other procedure provided for by the provisions of its own establishment.
(d) It has entered into force in accordance with the provisions of the country in which the decision was adopted, and which shall be accredited by the competent authority. D) He has committed a serious professional complaint
Related to the subjectmatter of the competition or in relation to his/her professional status established by any means available to the delegating authority. E) Has not fulfilled its obligations in respect of
The payment of social security contributions in accordance with the provisions of his country of establishment or of Greek law. (f) He has not fulfilled his obligations with regard to
The payment of taxes and charges, in accordance with the provisions of the country of establishment or of the Greek law. (g) It is guilty of serious false declarations
To provide the information required pursuant to this Directive or where it has not provided such information.
3. Contracting authorities shall accept as sufficient evidence that the economic operator is not affected by the cases referred to in paragraph 1 and in paragraph 2 (a), (b), (c) and (a): (a) For paragraph 1 and paragraph 2 points
(a) the provision of a criminal offence or, in the absence thereof, an equivalent document;
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And any other documents issued by the competent judicial or administrative authority of the country of origin or of the country of origin of that person, from which it appears that these conditions are met. (b) For paragraph 2 (e) or (b), Certificate
Issued by the competent authority of the Member State concerned. Where the State concerned does not issue a programme,
A certificate or certificate which does not cover all the cases referred to in paragraph 1 and point 2 (a), (b) or (c), may be replaced by an affidavit of the interested party or, in the Member States where no provision is made; An affidavit, from a solemn declaration to the competent administrative or administrative authority, a notary or a professional body of the State of origin or of the country of origin.
Article 69 Authorisation of professional activity
(Article 46 Directive 2004 /18/EC)
Any economic operator wishing to participate in a public contract may be required to indicate his or her registration in a professional or trade register or to provide such an affidavit or certificate, as specified in Annex IX (A) of Appendix A for public works contracts, in Annex IX B of Appendix A for public procurement contracts and in Annex IX III to the Annex for public service contracts, and in accordance with Annex II to the Annex to the Annex to the Annex to the Annex to the Annex to the Annex to the Annex to the Annex to the Annex to the Annex to the Annex. The conditions laid down in the Member State of establishment. In the case of the procedures for the award of public service contracts, where candidates or tenderers must be given special approval or to be members of a particular body to be able to provide the relevant service. In their country of origin, the contracting authority may ask them to prove that they have such authorisation or that they are members of the body in question.
Article 70 Economic and financial competence
(Article 47 Directive 2004 /18/EC)
1. The economic and financial proficiency of the economic operator shall be demonstrated by one or more of the following documents: (a) Appropriate banking certificates or certificates
(b) Balance sheet or balance sheet items in the balance sheet or balance sheet,
(c) Declaration on the total amount of the turnover in the case of the publication of the balance sheet is required by the legislation of the country in which the economic operator is located.
(a) the amount of the turnover in the area of activity which is the subject of the contract for the three (3) last financial years in relation to the date of establishment of the economic operator; or The start of its activities, if the information on this turnover is available.
2. An economic operator may, if necessary and for a particular contract, rely on the possibilities of other entities, regardless of the legal nature of its commitments. In such a case, it must prove to the contracting authority that it will have the necessary resources at its disposal, for instance, by adding to the relevant commitment of those bodies. The specific supporting documents shall be set out in the notice of competition.
3. Under the same conditions, a consortium of economic operators from those referred to in Article 33 of this law may rely on the capacities of the participants in the consortium or other entities.
4. Contracting authorities shall indicate, in the contract notice or in the invitation to tender, which one of the supporting documents in paragraph 1 has been chosen, and what other references are to be made.
5. If the economic operator cannot, for a good reason, be unable to provide the supporting documents to which the contracting authority is concerned, it may prove its financial and financial competence by any other document, which the contracting authority has requested. The authority considers a justification as appropriate.
Article 71 Technical and/or professional competence
(Article 48 Directive 2004 /18/EC)
1. The technical and/or professional capacities of economic operators shall be assessed and audited in accordance with paragraphs 2 and 3 of that Article.
2. The technical capacities of economic operators shall be shown in one or more of the following ways, depending on the nature, quantity or importance and use of works, supplies or services: The work they have with -
It shall be completed during the preceding five years, accompanied by certificates of good implementation of the most important tasks. These certificates shall indicate the amount, time and place of execution of the work and shall specify whether they have been carried out in accordance with the rules of art and whether they have been completed. The competent authority may transmit these certificates directly to the contracting authority. (a) (ii) Submission of a list of the main deliveries;
Or services performed during the preceding three years, with a reference to the corresponding amount, date and public or private recipient. Traditions and supplies of services shall be accepted if the beneficiary is a contracting authority, with certificates issued or held by the competent authority, if (the recipient) is a private creditor, with a certificate from the purchaser or, if so, (b) Reporting by the technical staff or technical staff of the technical staff or technical staff
(i) services either directly to the undertaking of the economic operator or not, in particular those responsible for quality control and, in the case of public works contracts, of those at the disposal of the contractor for the execution of the contract; (c) Description of technical equipment, measures
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Provided by the supplier or the service provider to ensure the quality and equipement and research of its business; (d) if the products or services provided therein;
Are complex or exceptional, they must satisfy a particular purpose, requiring control of a dispute by the contracting authority or on behalf of the contracting authority of the country in which the supplier is resident or the supplier. (i) the European Parliament, the Council, the Commission and the European Parliament. This control shall relate to the production potential of the supplier or to the technical capacities of the service provider and, where necessary, to the means and research available to it, and to the measures taken to control it. (e) Indication of qualifications and professional qualifications
Of the service provider or contractor and/or managers of the undertaking, in particular those responsible for the provision of the services, or the performance of the works. (f) For public works contracts
(g) Declaration on the average annual worker's contribution to environmental management measures, and only in the case-related cases, reference to environmental management measures which may be implemented by the economic operator in the implementation of the contract.
(h) Declaration on the machinery, the installer and the number of executives of the company during the last three years.
(i) and the technical equipment available to the service provider or contractor for the execution of the contract; (i) indication of the outcome of the contract;
(i) In the case of the products provided: (i) particulars, description and/or photographs, or, where appropriate, the service provider intends, if any, to be subcontracted;
(i) the application of the contraaing authority of the contraaing authority;
(ii) Certificates issued by official institutes or official quality control services, which have a relevant competence, certifying the suitability of the products, verified by reference to certain specifications or standards.
3. An economic operator may, if necessary and for a particular contract, rely on the possibilities of other entities, regardless of the legal nature of its commitments. In such a case, it must prove to the contracting authority that, in order to implement the contract, the contracting authority will have at its disposal the necessary resources, in order to ensure that the bodies concerned are prepared to make it available to them. (i) an economic operator of the resources concerned.
4. Under the same conditions, a consortium of economic operators from those referred to in Article 33 of this law may rely on the potential of the participants in the consortium or other entities.
5. In the context of the procedures for the award of public contracts which are subject to pre-supplies, for which placement or approval is required, or the provision of services or the performance of the service;
On the other hand, the ability of economic operators to support this service or to perform the task can be assessed in particular on the basis of the know-how, the efficacy, the experience and the value of their credit.
6. The contracting authority shall specify in the contract notice or in the invitation to tender which of the products referred to in paragraph 2 must be added.
Article 72 Quality assurance standards
(Article 49 Directive 2004 /18/EC)
The contracting authorities, where they require the provision of certificates issued by independent bodies, which confirm compliance with the economic operator of certain quality standards, should be referred to Quality assurance systems based on the European standard series and certified by organisations implementing the European standards series for certification. Contracting authorities shall recognise equivalent certificates from organisations established in other Member States. Furthermore, the competent authorities also accept other evidence of equivalent quality assurance measures taken by the economic operators.
Article 73 Environmental management standards
(Article 50 of Directive 2004 /18/EC)
Where contracting authorities, in the cases referred to in Article 71 (2) point (f) of this law, require the submission of certificates issued by independent bodies, which shall be satisfied that the economic operator shall comply with the provisions of Article 71 (2). In addition to the environmental management and control standards (EMAS), they are referred to in specific environmental management and control standards (EMAS Regulation (EC) No 761/2001 (OJ L 114)) or to environmental management standards based on Relevant European or international standards certified by the institutions on the basis of Community law, or the non-aligned European or international standards for certification. The contracting authorities shall identify the equivalent certificates issued by bodies in other Member States. In addition, other equivalent evidence of environmental management measures that are conferred by the economic operators are also accepted.
Article 74 Adjunctive documentation and information
(Article 51 Directive 2004 /18/EC)
1. The contracting authority may invite economic operators to contribute or specify the certificates and documents submitted pursuant to Articles 68 to 73.
2. Article 160 shall apply to the fulfilment or clarification of paragraph 1.
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Article 75 Official lists of approved economic operators. Certification by public body
Or private law (Article 52 of Directive 2004 /18/EC)
1. The conditions for listing on the grounds of approved contractors, suppliers or service providers must be adjusted to Articles 68 (1) and 2 (a) (a) and (c), 69, 70 (1), (4) and (5), 71 Paragraphs 1, 2, 5 and 6, 72 and 73. Applications for registration may also provide financial
In the case of non-member countries, the Commission has decided to set up a European Agency for the protection of the health and safety of workers at work. In this case, they must furnish proof to the authority drawing up the list of such resources, throughout the period of validity of the certificate attesting to their entry in the official list and that they continue to (i) in the same period, the requirements of the qualitative selection provided for in the provisions of the provisions of this Regulation shall be complied with. With presidential decree issued after
Proposal for a Council Directive on the establishment and operation of lists of approved economic operators, in particular the competent authorities of the Member States, the conditions, criteria and conditions laid down in Article 3 (3) of Regulation (EEC) No 8271/ The formalities for the classification and classification of economic operators, including the necessary supporting documents, the procedure for maintaining and informing them, and the cases of withdrawal from them, the timing of their operation, or A total of either by industry or by category, as well as any other relevant issues. In the same context, the conditions for the establishment and operation of either alternative official lists of economic operators or systems of distribution by public or private bodies or private individuals may be specified. Specific details of the application of this paragraph.
2. The economic operators who are registered in official catalogues or holding a certificate shall, for the contract concerned, refer to the contraaing authorities a certificate of registration issued by the competent authority or certificate. Issued by the competent certification body. In these cases, the documentary evidence of which has been recorded in the list/description, and the relevant classification.
3. Entry in the official catalogues, certificates issued by the competent bodies, or the certification body issued by the certification body, shall constitute, for the contracting authorities of the other Member States, a certificate of conformity only in respect of As defined in Articles 68 (1) and (2) (a) to (d) and (g), 69, 70 (1), (4) and (5), 71 (2) (a), (b), (g) and (g) for contractors, (2) (a) (ii), (b), (d) and (i) suppliers; and Point 2 (a), (ii) and (c) to service providers.
4. Information extracted from registration in official catalogues or from certification
It is possible to put into question the question without justification. As regards the payment of social security contributions and taxes and charges, it is necessary to request, for the contract, an additional certificate from each financial institution. The contracting authorities of the other Member States shall apply paragraph 3 and the first subparagraph of this paragraph only for the benefit of the economic operators established in the Member State, which has drawn up the official list.
5. In order to register the economic operators of other Member States in an official list or to be consulted by the bodies referred to in paragraph 1, it is not possible to ask for any form of evidence and declarations other than those of the other Member States. Shall be made by economic operators having the nationality of the State concerned and, in any event, no other than those provided for in Articles 68 to 72 of this law. However, such registration or certification is not
It may be imposed on the economic operators of the other Member States for their participation in public procurement. The contracting authorities shall recognise equivalent certificates from organisations located in other Member States. The contracting authorities shall also accept other equivalent evidence.
6. The economic operators may request, at the same time, their entry in the official list or the issue of the certificate, they must be informed within a short period of time for the decision of the authority drawing up the list or the certificate. The competent certification body.
7. The certification bodies referred to in paragraph 1 shall be organisations which meet the European standards for certification.
SECTION FOUR OF THE STUDY COMPETITIONS IN THE FIELD
OF THE SERVICE
Article 76 General provisions
(Article 66 of Directive 2004 /18/EC)
1. The rules on the organisation of a cross-study shall be adopted in accordance with Articles 76 to 84 of this law and shall be made available to all interested parties to participate in the exam.
2. The right to participate in the midterm competitions is not limited to: a) In the Greek Territory or in the course of Greece;
(b) From the status of the participants as natural or
Number of persons.
Article 77 Scope
(Article 67 of Directive 2004 /18/EC)
1. The competitions are organised in accordance with the provisions of this Section: (a) Contracting authorities which are central and
(i) the application of the principle of subsidiarity;
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Annex IV of Appendix A, based on a threshold equal to or exceeding the amount of EUR-thirty-four thousand (134,000) euro. (b) By contracting authorities, other than those relating to
Are taken in Annex IV of the Annex IV, based on a threshold equal to or more than the amount of two hundred and seven thousand (EUR 207,000). (c) All contracting authorities, on the basis of a
Lower limit equal to or more than two hundred and seven thousand (207,000) euro, when the diagonal studies concern services of Class 8 in Annex II A of the Annex II, telecommunications services of category 5, The CPV positions are equivalent to the number of CPC Nos 7524, 7525 and 7526, and/or services included in Annex II B of the Annex II.
2. The provisions of this Section shall apply: (a) In the event competitions organised
In the context of a procedure for the conclusion of a public service contract; (b) In the award of contracts with prizes;
The Committee of the European Parliament, the European Parliament and the Committee of the European In case of point (a), as a threshold
Means the estimated value other than VAT of the public service contract, including any award-winning and/or money-related prizes to the participants. In cases of point (b), as a threshold
Means the total amount of such awards and, including the estimated value of VAT, of the public service contract to be awarded at a later stage under Article 51 (3) of this law, if the contraaing It has not ruled out such entrustment in the call for competition.
Article 78 Exceptions to the scope of application
(Article 68 Directive 2004 /18/EC)
This Section shall not apply to: (a) In the field of studies in the field of employment,
(b) To be organised by contracting entities 97 to 101 of the Third Party, and for the purpose of contributing to the activities of the third Party or to the competition authorities excluded from the scope of the third subparagraph of Article 3 (3) (b) Competitive studies organised by the
Under the same conditions as those provided for in Articles 26, 27 (1) and (4) of this Regulation for public service contracts.
Article 79 Preaches
(Article 69 Directive 2004 /18/EC)
1. Contracting authorities who wish to organise a contest shall make known their intention by means of a contract notice.
2. The contracting authorities that have organised a study of studies shall send to the European Commission an information report on the results of the competition in accordance with Article 56 of this law and should be able to demonstrate that The date of dispatch. If such notification can be made to the e -
For the purposes of applying the provisions laid down, it may be contrary to the public interest or may harm the legitimate interests of public or private undertakings or of private competition between the service providers, the information relating to For the purposes of the award of the tender, it may not be published.
3. Article 57 of this law concerning the publication of the notices of competition is also applicable to the competition of studies.
Article 80 Preparation and details of the publication of notices for tenders
(Article 70 of Directive 2004 /18/EC)
1. The notices and reports referred to in Article 79 of this law include the information referred to in Annex VII D of the Annex 'A', using the standard forms approved by the European Commission, in accordance with The procedure referred to in Article 77 (2) of Directive 2004 /18/EC.
2. These reports shall be published in accordance with Article 57 (2) to (8).
Article 81 Means of communication
(Article 71 Directive 2004 /18/EC)
1. Article 36 (1), (2) and (4) shall apply to all forms of communication relating to competitions.
2. The notifications, exchanges and storage of information shall be carried out in such a way as to ensure that the integrity and confidentiality of all information transmitted by the participants in competitions are not affected. The Committee of the Regions and the Committee of the Regions, the Committee of the Regions and the Economic and Social Committee and the Committee of the Regions, the Committee of the Regions and the Committee of the Regions.
3. For the electronic receipt systems of the years and plans, the following canoes shall be applied: (a) Information on the necessary precautions;
In addition, the Committee of the Committee of the European Parliament, the Committee of the European Parliament, the Committee of the European Parliament, the European Parliament, the Council and the Committee of the European In addition, the electronic receipt systems of the studies and projects must comply with the requirements of Annex X of the Annex. (b) The Greek State may establish machinery.
To voluntary certification with a view to improving the level of certification service provided for these systems.
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Article 82 Selection of competitors (Article 72 Directive 2004 /18/EC)
Where tenders have a limited number of participants, the contracting authorities shall establish clear and objective selection criteria. In all cases, the number of candidates who may participate in the competitions shall take into account the need to ensure effective competition.
Rule 83 Composition of the jury (Article 73 of Directive 2004 /18/EC)
The jury shall be composed solely of individuals or persons connected with the participants in the successful tenderer. When required by the participants in the competition to have a professional qualification, one third (1/ 3) of the members of the jury shall at least have the qualification or other equivalent qualification.
Article 84 Judgments of the jury
(Article 74 of Directive 2004 /18/EC)
1. The jury shall be unable to take a decision, or in the formulation of its opinion.
2. The Committee shall examine the studies and projects submitted by applicants in a way and based exclusively on the criteria set out in the notice of invitation to tender.
3. The Committee shall, in practical terms, record the choices made by its members, depending on the advantages and disadvantages of each study, as well as its comments on the points to be clarified.
4. Anopia is kept up to the opinion of the jury.
5. Candidates may be invited, if necessary, to reply to the questions referred to in the minutes of the jury in order to clarify any element of the study. In this case, the full minutes shall be kept, where they have been recorded between the members of the jury and the candidates.
SECTION FIFTH RULES IN THE FIELD OF CONVENTIONS
DISCLOSURE OF PUBLIC WORKS
CHAPTER A ' RULES APPLICABLE TO CONTRACTS
DISCLOSURE OF PUBLIC WORKS
Article 85 Scope
(Article 56 Directive 2004 /18/EC, Article 2 (2)) 3 of Regulation 1336/2013)
This Chapter shall apply to all contracts awarded for public works contracts concluded between Member States.
By contracting authorities where the value of these contracts is equal to or above the financial threshold referred to in Article 23 (2) (c) of this law. This value shall be calculated according to the rules applicable to the public works contracts set out in Article 25 of this law.
Article 86 Exemptions from the scope
(Article 57 Directive 2004 /18/EC)
This section shall not apply to the conclusion of public works contracts, which: (a) apply to public works contracts in the
Articles 26 and 27 (1) and (4) of this law. (b) They are awarded by the contracting authorities at the time of:
Exercise of one or more of the activities referred to in Articles 97 to 101 of the Third Party, where such concessions are made for the pursuit of those activities.
Article 87 Publication of the contract notice
Grant of public works (Article 58 Directive 2004 /18/EC)
1. The connaaing authorities who wish to present in a contract of public works shall be aware of their intention by means of a contract notice.
2. The notices for the award of public works contracts include the information referred to in Annex VII B to Annex VII and, where appropriate, any other information deemed necessary by the contracting authority, using The standard forms adopted by the Commission in accordance with the procedure referred to in Article 77 (2) of Directive 2004 /18/EC.
3. Article 58 of the present law concerning the optional publication of notices is also applicable to public works concessions.
Deadline Article 88 (Article 59 Directive 2004 /18/EC)
In the event that contracting authorities offer a public works concession, the deadline for the submission of nominations for the concession contract may not be less than fifty two (52) days from the date of: Of the notice, except in the case referred to in Article 59 (5) of this law. Article 60 (7) of this law shall also apply.
Article 89 Subcontracting
(Article 60 of Directive 2004 /18/EC)
The contraaing authority may: (a) apply to the contraaor for a contract;
(ii) the creation of a common foreign and security policy with a view to the creation of a common foreign and security policy;
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However, it should be noted that, in the case of projects which are the subject of the project concession, it is envisaged that the candidates will have the right to raise this percentage. This minimum amount must be indicated in the public works concession contract. (b) Either invite tenderers to join the contract;
In the event of a concession, the percentage of the total value of the project, which is the subject of a concession and which is offered to third parties, may be submitted by them.
Article 90 Award of supplementary projects to the Contractor
(Article 61 Directive 2004 /18/EC)
The provisions of this law shall not apply to supplementary works not included in the initial plan of the concession, either in the initial contract, and which, as a result of unforeseen circumstances, have become necessary for the purpose of Exemptions of the project, as described in the original contract, which the contracting authority has entrusted to the supplier, provided that the award is made to the economic operator performing this project:
A. .. Where such supplementary operations cannot, from a technical or economic point of view, be separated from the initial contract without creating a major problem for contracting authorities, or b. Where these operations, although they may be
They are separated from the execution of the initial contract; it is absolutely necessary for its completion. The total amount of the agreed contracts;
(iii) payment of additional work should not exceed 50 % of the amount of the initial project constituting the concession.
CHAPTER B OF THE RULES APPLICABLE TO CONTRACTS CONCLUDED BY THE PARTIES TO THE CONTRACT
BREAKDOWN THAT ARE CONTRACTING AUTHORITIES
Article 91 Rules of Procedure
(Article 62 of Directive 2004 /18/EC)
Where the concession holder is the contracting authority within the meaning of Article 18 of this law, it shall be obliged, in respect of works to be carried out by third parties, to comply with the provisions laid down in this law in respect of the conclusion Of public works contracts.
CHAPTER C: RULES APPLICABLE TO CONTRACTS
WHICH SYNAPSES THE CONCESSION CONTRACTS THAT ARE NOT
REVISED PRINCIPLES
Article 92: Rules of disclosure: threshold and exclusions
(Article 63 of Directive 2004 /18/EC, Article 2 (2)) 4 of Regulation 2083/2005)
1. Contractors for granting public service concessions;
Which are not contracting authorities are required to apply the financial rules laid down in the following Article, when the contracts are concluded with third parties, where the value of these contracts is equal to or greater than five (i) a total of six thousand and six thousand (5,186,000). If, however, a project contract meets the
Application of the cases referred to in Article 51 of this law shall not be required to be published. The value of the contracts is calculated according to
The rules applicable to the public procurement rules laid down in Article 25 of the Act.
2. The undertakings which are members of a consortium may not be considered as third parties, or undertakings linked to such undertakings. 'connected undertaking' means any business;
In which the concession holder may exercise, directly or indirectly, a dominant influence, or any undertaking which may exercise a dominant influence in the concession contract or which, whatever the concession holder, is subject to The dominant influence of another undertaking because of the legal status, financial participation or the rules which govern it. The dominant influence is taken when a company against another undertaking, directly or indirectly: a) It has the largest part of the paid-up payment.
(b) holds the majority of the votes cast by the company or, b) the majority of the votes cast
Are the securities issued by the undertaking, or (c) may appoint more than half members.
The management, management or supervisory board of the operation. The exhaustive list of such enterprises
Is attached to the application for the concession contract. This list shall be updated in accordance with the subsequent changes to the commitments entered into between undertakings.
Article 93 Publication of the notice
(Article 64 Directive 2004 /18/EC)
1. Contractors for the concession of public services which are not contracting authorities and who, may conclude contracts with third parties, are aware of their intention by means of a contract notice.
2. The notices shall include the information referred to in Annex VII C to the Annex, and, if necessary, any other information deemed necessary by the concession holder for the concession of public works, using them Standard forms adopted by the Commission in accordance with the procedure referred to in Article 77 (2) of Directive 2004 /18/EC.
3. The notice shall be published in accordance with Article 57 (2) to (8) of this law.
4. Article 58 of this law relating to the voluntary publication of notices applies to -
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Pitch. Article 94
Deadline for receipt of requests for participation and receipt of tenders
(Article 65 of Directive 2004 /18/EC)
In the works contracts concluded by the contracting parties to a concession contract, the latter are not contracting authorities, the concession holders shall specify the deadline for receipt of the requests for participation, which may not be Less than thirty-seven (37) days from the date of the invitation to tender or the invitation to tender. Article 59 (5), (6) and (7) shall apply.
This is a law.
TITLES OF STATISTICAL INFORMATION
Article 95 Statistical data to be concluded
By contracting authorities (Articles 75, 76 Directive 2004 /18/EC)
1. The Authority referred to in Article 15 (20) shall transmit to the European Commission, not later than 31 October of each year, a separate statistical situation, drawn up in accordance with the next paragraph, on public works contracts. And high value services, respectively, which contracting authorities have agreed in the preceding year. Contracting authorities shall be required to send the relevant statements of the works, services and supplies submitted during the preceding year by 31 May of each year to the said Authority.
2. For each contracting authority, which is included in Annex IV of Appendix A, the statistical analysis shall include: a) The number and value of the covered by the contraa.
(b) The number and total value of the contracts
Which were concluded under a number of derogations from the Council. To the extent possible, the information provided for
In the first subparagraph, point (a), broken down according to: (a) the procedures for the award of contracts;
(b) and for each of these procedures, the projects
Contained in Annex I of Appendix I, the products and services listed in Annex II of the same Appendix and determined by category of the CPV nomenclature. (c) The nationality of the economic operator to which
The contract was awarded. In the event that the contracts were concluded via
The information referred to in point (a) of the first subparagraph shall be broken down by reference to the circumstances laid down in Articles 50 and 51 and shall specify the number and value of the contracts awarded per Member State; Third country of origin of the Contractors.
3. For each category of contracting authorities, except there;
(a) the number and value of the public contracts entered into, broken down according to the second subparagraph of paragraph 1, and (b) the statistical status of the statistical statement of the statistical statement of the following: The total value of the contracts entered into under the Agreement by the Agreement.
4. The statistical situation shall specify any other information required by the Agreement. Information referred to in the first subparagraph
Determined in accordance with the procedure referred to in Article 77 (2) of Directive 2004 /18/EC.
5. A decision of the Authority referred to in Article 15 (20) shall specify the particular issues relating in particular to the manner and timing of the submission of the relevant points of the preceding paragraphs by the contracting authorities.
PART THREE OF THE RULES APPLICABLE TO PUBLIC PROCUREMENT CONTRACTS
ENTITIONS IN THE AREAS OF WATER, ENERGY, TRANSPORT AND POSTAL SERVICES
THE SCOPE OF THE APPLICATION
Article 96 Scope
1. The provisions of this Part shall be applied by contracting entities referred to in Article 19 of this Law, in the conclusion of works and services contracts, for the purposes of carrying out the activities referred to in Articles 97 to 101. This is a law.
2. The provisions of this Part shall not apply to contracts awarded or to the tenderers organised by contracting entities for purposes other than the requirements of the activities referred to in Articles 97 E-as 101 of this law. Such agreements shall be compatible in accordance with the rules of the Second Directive.
TITLES OF THE ACTIVITIES COVERED
Article 97 Gas, heat and electricity
(Article 3 Directive 2004 /17/EC)
1. As regards gas and heat, this Part shall apply to the following activities: (a) Disposal or conversion of fixed networks;
To provide services to the public in the field of production, transport or distribution or heating, or (b) supply of gas or heat networks;
Quality. 2. The supply of gas or thermicity of networks
Are intended to provide services to the public by a
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Where a non-contracting authority is not a contracting authority, it shall not be considered as an activity within the meaning of paragraph 1 where:
An entity is an unavoidable consequence of an activity not mentioned in paragraphs 1 or 3 of this Article or in Articles 98 to 101 of this law; and (b) the supply of the public network is intended to
(i) only in the economic transformation of this production, which corresponds to a maximum of 20 % of the operator's turnover, based on the average of the three final years, including the current one.
3. In respect of electricity, this Part is used in the following activities: (a) Deposits or conversion of fixed networks;
To provide services to the public in the field of production, transport or distribution; or (b) supply of these networks with electricity. 4. The Committee of the European Parliament and the Committee of the
To provide services to the public by a contracting entity which is not a contracting authority is not subject to activity within the meaning of paragraph 3 where: (a) The production of electricity from the undertaking concerned
A body is made because its consumption is necessary for the pursuit of an activity not mentioned in paragraphs 1 or 3 of this Article or in Articles 98 to 101 of this law; and (b) the supply of the public network depends on it;
Of the operator's own consumption and does not account for 30 % of the total energy production of the vehicle, based on the average of the last three (3), including the current year.
Article 98 Water
(Article 4 of Directive 2004 /17/EC)
1. This Part shall be applied to the following activities: (a) Disposal or conversion of fixed networks;
To provide services to the public in the field of production, transport or distribution of drinking water; or (b) supply of these networks with a posi -
Water ... 2. This Part shall also apply to contracts;
(a) connected with works of hydraulics, which are organised by the operators acting in accordance with paragraph 1, and which: (a) connected to works of hydraulics;
Or drainage works, provided that the volume of water intended for supply with drinking water exceeds 20 % of the total volume of water available for such plans or drainage or drainage installations or (b) is linked to Sanitation or processing
The dose should be reduced. 3. The supply of drinking water in the Community
They are designed to provide services to the public by a contracting entity which is not a contracting authority;
(a) Production of drinking water by the person concerned shall be regarded as an activity within the meaning of paragraph 1;
(b) the supply of the public network depends on its consumption, because its consumption is expected to be an activity which is not referred to in Articles 97 to 101 of this Act;
Of the body's own consumption and not more than 30 % of the total production of the body, based on the average of three (3) year-olds, including the current year.
Article 99 Transport services
(Article 5 Directive 2004 /17/EC)
1. This Part shall apply to activities aimed at the disposal or conversion of networks providing services to the public in the transport sector with railways, systems, trolleybuses, buses or cables. As regards transport services, it is considered that the
Where the service is provided in accordance with the conditions laid down by the competent authority, such as those relating to the parties to be followed, the transfer capacity or the frequency of service.
2. This Part shall not apply to entities providing the public transport services with a bus, which were excluded from the scope of application of Bd. 57/2000 (' 45), pursuant to Article 5 (2) of that Regulation, with which it was transferred. Directive 93 /38/EEC (Article 2 (4)) In the Greek di-and.
Article 100 Postal services
(Article 6 of Directive 2004 /17/EC)
1. This Part shall apply to activities intended to provide rapid service or on the basis of the conditions laid down in paragraph 2 (c) of this Article, other services other than postal services.
2. For the purposes of this Part, and without prejudice to. 2668/1998 (1 282), as amended and applied, the following definitions shall apply: (a) 'tacholic object':
Recipient treated, detached in its final form, regardless of its weight. These items include, for example, other than objects, books, catalogues, newspapers, tournaments, and fast food items containing or without a commercial value, regardless of their weight. Services': services which are
They are located in the collection, sorting, transfer and distribution of high-profile objects. These services include the following:
(i) 'reserved reserved services': postal services which are awarded or may be reserved for exclusivity under Article 7 of Directive 97 /67/EC, which shall be reserved for the purposes of Article 7 of Directive 97 /67/EC.
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Has been reported with the n. 2668/1998 (1 282), as amended by n. (PARLIAMENT ADOPTED THE DECISION)
- 'other postal services': postal services which are not allowed to be reserved under Article 7 of Directive 97 /67/EC, which has been incorporated into national law. 2668/1998 (1 282), as amended by n. Having regard to Council Regulation (EC) No 3185/2003 (A-229) and (c) 'other services other than tacit':
Information provided in the following areas: - mail management services (both
(a) prior to and later than the previous year, such as 'mailroom management services',
-services of added value related to electronic mail and are provided by electronic means (including security of transmission of coded documents with electric instruments, address management and management). Having regard to the Treaty establishing the European Community,
-services related to taxidermics that are not included in point (a), such as the dif-ative post office without a specific recipient,
-financial services, as defined in Section 6 of Annex XVII A of the Act of losartan II, and in Article 27 (3) (d) of this Act, including, in particular, the rapid payment of payments and payments. Rapid credit transfer,
-philatelic services and, logistics services (services which
Combine physical delivery and/or storage with other non-rapid tasks), provided that such services are provided by a body which also provides rapid services within the meaning of point (b) first and second indent; and If the conditions laid down in Article 104 (1) of this law are not met, as regards the services included in such cases.
Article 101 Search, extraction and collection of oil, gas,
Coal and other solid fuels-Assault and airports in transport
(Article 7 Directive 2004 /17/EC)
This Part shall apply to the exploitation activities of a geographical area with a view to: a) exploration, extraction and collection of oil,
(i) gas, coal or other solid fuels; or (b) the disposal of aerosols, sea-lines, or
Inland waterway transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport, air transport
Article 102 Contracts relating to various activities
(Article 9 of Directive 2004 /17/EC)
1. A contract to carry out more activities follows the rules applicable to the activity for which it is principally intended. The choice between the conclusion of a single contract and the
(i) several separate contracts may not be aimed at circumventing the application of this Part, and of the other provisions of this law.
2. If one of the activities constituting the contract falls within this Part and the other appears in Part Two and it is objectively not possible to determine which activity is principally intended for the contract, or A contract shall be awarded in accordance with the rules of the Second Party.
3. If one of the activities for which the contract is defined, appears in this Part and the other does not appear in this Part or the Second part of this law and it is objectively not possible to determine which activity In particular, the contract shall be awarded in accordance with the rules of this Part.
Article 103 Partnership between connected undertakings
Or consortia (Articles 23 Directive 2004 /17/EC)
1. In accordance with the conditions laid down in paragraph 3 of this Article, this law shall not apply to contracts: a) concluded by a contracting entity with associated names;
(b) which shall conclude a joint venture, which shall have a joint venture;
Stand exclusively by a number of contracting entities for the purpose of carrying out activities within the meaning of Articles 97 to 101 of this law, with an undertaking linked to one of these contracting entities.
2. For the purposes of this Article, 'associated undertaking' means any undertaking whose annual accounts have been consolidated with the accounts of the contracting entity, in accordance with the provisions of the No. Council Directive 83 /349/EEC of 13 June 1983 based on Article 44 (2) (g) of the Treaty on consolidated accounts (L 193), as last amended by Directive 2001 /65/EC of the European Parliament Parliament and the Council (L 283), which were incorporated into the Greek legislation in accordance with the provisions of Article 42e of Law 2190/1920 (1 37), as inserted by Article 33 of Council Regulation (EEC) No 409/1986 (1 191), and as amended by Of n. Having regard to Council Regulation (EC) No 3460/2006 (') or in the event that operators do not apply to this law, any undertaking on which the contracting entity may exercise, directly or indirectly, a dominant influence within the meaning of Article 19 (2) or which it may exercise Key influence on the contracting entity or which is subject, together with the contracting entity, to the influence of another undertaking because of the ownership, financial participation or the rules which govern it.
3. Paragraph 1 shall apply: (a) In service contracts, provided that 80 % of them are:
As a minimum of the turnover achieved by the associated undertaking in the last three years in the services sector, it shall be the responsibility of these services to undertakings, with the
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(b) In the procurement contracts, if 80 % of the
(c) In the works contracts, as a minimum of the turnover achieved by the associated undertaking in the last three-year period in the area of the pre-mortalities, it comes from the date on which it relates to the undertakings in question. If at least 80 %
Of the turnover achieved by the associated undertaking over the last three years in the project area comes from the provision of these projects to the undertakings to which it relates. When, in relation to the date of creation
The turnover for the last three years is not available; the undertaking is not available for the last three years; it is sufficient to indicate that the turnover achieved in points (a), (b) or (c) is not available; It is possible, especially with a view of activities. Where the same or similar services, supplies or services;
To be provided by more than one undertaking linked to the contracting entity, for the remainder of the abovementioned percentages, the total turnover resulting from the provision of services, pre-morals, or The Commission also adopted a number of amendments to the Commission's proposals.
4. This law shall not apply to contracts: (a) concluded by a joint venture, which has been
Be reserved exclusively by a number of contracting entities for the purpose of carrying out activities in accordance with Articles 97 to 100, with one of those contracting entities, or (b) concluding a procuring entity with such entities.
A consortium to which it is participating, on the condition that the Consortium has been established for the purpose of carrying out this activity for a period of at least three (3) years and that the constituent act of the and the legal tender states that the connacring Institutions, which shall participate in it at least for that period.
5. Contracting entities shall communicate to the European Commission, at its request, the following information on the application of paragraphs 1, 3 and 4: (a) business or community services;
(b) the nature and value of the agreed contracts; c) The information which the European Commission considers necessary;
To prove that the relations between the contracting entity and the undertaking or joint venture to which the contracts are awarded meet the requirements of this Article.
Article 104 Procedure for determining whether or not
Given activity is directly exposed to competition (Article 30 of Directive 2004 /17/EC)
1. The contracts with the object of the activity referred to in Articles 97 to 101 shall not be subject to this law if the activity in El-Lada is directly exposed to competition in markets where access is not available. Reduce the risk of exposure.
2. For the purposes of paragraph 1, in order to determine whether an activity is directly exposed to competition, it shall be decided on the basis of criteria which are in accordance with the provisions on competition of the EU Treaty, such as Characteristics of the goods or services concerned, the existence of trade goods or services, the prices and the actual or potential presence of more than one supplier of such goods or service providers.
3. For the purposes of paragraph 1, access to a market shall be deemed not to be restricted if the provisions of the Community legislation referred to in Annex XI of Annex XI apply. Where it is not possible to conclude that the
There is free access to a given market, based on the first subparagraph, it must be demonstrated that the access to the market in question is free of the facts and of the law.
4. Where the competent authority considers that, in accordance with paragraphs 2 and 3, paragraph 1 has been implemented in a given activity, it shall be addressed to the European Commission and shall notify it of all relevant facts, and in particular any legislative, A regulatory or administrative provision or agreement relating to compliance with the conditions referred to in paragraph 1, accompanied, if necessary, by the position taken by an independent national authority which is responsible for that activity. A copy of the dossier submitted to the Commission shall be notified to the Authority referred to in Article 15 (20). Contracts with a view to the pursuit of this activity are no longer subject to this law:
1. If the European Commission adopts a decision on the applicability of paragraph 1, in accordance with paragraph 6 of Article 30 of the Directive 2004 /17/EC, and within the time limit laid down in that paragraph or no decision has been taken, On this possibility of implementation within that deadline.
2. In cases where free access to the agreed market is based on the first subparagraph of paragraph 3 of this paragraph, and where an independent national authority which is responsible for the relevant action has determined the possibility Under paragraph 1, contracts intended for the pursuit of this activity shall no longer be subject to this law if the European Commission has not resulted in the application of paragraph 1, by decision of the Taken in accordance with Article 30 (6) of Directive 2004 /17/EC, and within the deadline Provided for in this paragraph.
5. Contracting entities may request the European Commission to specify that, in a given activity, paragraph 1 is applied under paragraph 6 of Article 30 of Directive 2004 /17/EC. The European Commission shall inform the authority concerned immediately. The Ministry shall inform the European Commission, in accordance with paragraphs 2 and 3, of all relevant facts and, in particular, of any legislative, regulatory or administrative provision or agreement relating to compliance with the conditions laid down in paragraph 1. In paragraph 1, accompanied, if appropriate, by the position taken by the applicant;
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The competent national authority responsible for the activity concerned. If, after the expiry of the deadline provided for in Article 30 (6) of Directive 2004 /17/EC, the European Commission has not adopted a decision on the applicability of paragraph 1 to a given activity, paragraph 1 It shall be implemented.
6. The detailed implementation details of paragraphs 4 and 5 of this Decision and paragraph 6 of Article 30 of Directive 2004 /17/EC are set out in the Commission Decision of 7 January 2005 /15/EC (L 7), as is the case.
TITLES OF AWARD PROCEDURES
SECTION FIRST OF THE AWARD PROCEDURES
CHAPTER 1 TERMS OF BLUE WHITING IN THE OPEN
NEGOTIATION PROCEDURES OR PROCEDURE
Article 105 Use of open or restricted procedure; or
Process of negotiation with or without a notice of competition
(Article 40 Directive 2004 /17/EC)
1. For the conclusion of public procurement contracts, works and services, contracting entities shall apply the procedures adapted to the purposes of this law.
2. Contracting entities may choose any of the procedures described in points (a), (b) or (d) of Article 15, provided that, without prejudice to paragraph 3, an invitation to tender has been opened under Article 109. Of this law.
3. Contracting entities may use a procedure without prior notice of competition in the following cases: (a) If, following a procedure with a prior notice,
(b) If the conclusion of the contract is made, no tender or any of the tenders submitted has not been submitted by any tender or any of the tenders submitted. Exclusively
For reasons of research, testing, study or development, and not with a view to obtaining a profit or recovery of research and development expenditure, and to the extent that the conclusion of such a contract is without prejudice to the notice of competition for the subsequent contracts. (c) If, for technical or artistic reasons or for reasons relating to technical or artistic
(d) to the extent that it is absolutely necessary, if, for the purpose of protecting exclusive rights, the contract can only be entrusted to a certain economic operator.
It is not necessary to comply with the deadlines laid down for open or restricted procedures or procedures in the event of emergencies caused by unforeseen events for contracting entities.
(e) In the case of the procurement contracts for
Additional deliveries by the original supplier, which are intended for either a partial rearrangement of pre-morals or current-service installations or for the extension of existing pre-morphes or conditions, provided that the change to the supplier will It charged the contracting entity to pre-filter material with different technical characteristics, which could lead to incompatibility or disproportionate technical difficulties in terms of use or maintenance. (f) For supplementary projects or services which did not
They are taken in the initially awarded study either in the initially concluded contract, but which, due to circumstances which could not be foreseen, have become necessary for the execution of this contract, provided that they are awarded to the The contractor or the service provider performing the initial contract, where such supplementary projects or services cannot be separated, technically or economically, by the main contract, without creating a major problem in the case of such contracts. Contracting entities or where such ancillary works or services, although they may be separated from (g) In the case of works contracts, it is strictly necessary to carry out the operation of the contract.
Which consists in the repetition of similar works and assigned to the contractor, to which the same contracting entities have awarded an advanced contract, on condition that these works are in accordance with a basic study and that for This study has been concluded with a first contract following a call for competition. In the notice of competition for the first study, it should be noted that there is an appeal to the proceedings in question, and the amount of the total budget for the continuation of projects is taken into account by the contracting entities. The application of the provisions of paragraph 2 of Article 23 (2) and Article 25 (2). (h) In the case of pre-supplied supplies
(i) for contracts concluded on the basis of contracts concluded by the Member States.
Framework, provided that the condition of Article 108 (2) is fulfilled. (j) For the purchase of opportunity, when using
A particularly favourable opportunity presented for a very short period of time, can be obtained before supplies at a much lower level than those normally prevailing on the market. (k) For the purchase of supplies, subject to special conditions
Either by a supplier that ceases to be definitively its commercial activity or from the liquidator or liquidator of a bankruptcy, a court settlement, a windingup or other analogous procedure. Where the relevant contract of services follows by -
In accordance with the provisions of this law and in accordance with the relevant rules, it should be entrusted to the winner or one of the winners of this competition. In the latter case, all winners of the competition are invited to participate in the negotiations.
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Article 106 Communication of technical specifications
(Article 35 Directive 2004 /17/EC)
1. Contracting entities shall communicate to the relevant bodies interested in the contract, at their request, of the technical specifications, which are systematically defined in the contracts, works or services, which the bodies They shall set out the technical specifications to which they are proposed to refer, in the case of contracts awarded to a periodic indicative notice, within the meaning of Article 111 (1).
2. When these technical specifications are laid down in the documents made available to the economic operators concerned, it shall be sufficient to refer to the documents in question.
Article 107 Alternative offers
(Article 36 Directive 2004 /17/EC)
1. When the contract is awarded on the basis of the criterion of the most economically advantageous tender, the contracting entities may take into account the variants submitted by the tenderers, provided that such tenders Meet the minimum requirements laid down by those contracting entities. In the contract notice or specifications, the
They shall indicate whether or not they allow the variants and, if they permit, the minimum requirements to be met by the variants, as well as the specific requirements for their presentation.
2. In the context of the procurement procedures of entities or services, contracting entities which have authorised alternative offers under paragraph 1 may not reject an interim tender for the sole reason that, if this option is chosen, It will lead to either the conclusion of a contract, and not a prior agreement, or the conclusion of a contract for morals and not a contract of service.
CHAPTER B-FRAMEWORK AGREEMENTS
Article 108 Framework agreements
(Article 14 Directive 2004 /17/EC)
1. Contracting entities may consider a framework contract as a contract within the meaning of Article 15 (2), and to apply for its defence of this law.
2. When contracting entities have entered into a framework agreement in accordance with this law, they may apply in accordance with Article 105 (3), when they conclude contracts based on that agreement.
3. When a framework agreement has not been concluded in accordance with the provisions of this law, the delegated entities may not apply the provisions of Article 105 (3).
4. Contracting entities may not submit to the framework agreements abusively, by way of which it may restrict, restrict or distort competition.
CHAPTER C RULES OF JOURNALISM AND TRANSPARENCY
Article 109 Preaches to be used as a starting instrument
Competition (Article 42 Directive 2004 /17/EC)
1. In the case of contracts, works or services, the competition starts with the adoption of: (a) Periodic indicative notice, such as:
In Annex XV A of Annex A to the Annex B or (b) notice on the existence of a system of prior authorisation;
(c) Proclamation of a contract as referred to in Annex XIV to Annex XIV, or (c) for an invitation to tender, as indicated in the Annex,
Annex XIII of Appendix B, part A, B or C. 2. In the case of dynamic agro -
The tender for the system starts with the performance of the notice referred to in paragraph 1 (c), while the competition for contracts based on such systems begins with the simplified contract notice. Refers to Annex XIII of Appendix B, part D.
3. When the competition begins on a periodic notice: (a) The contract notice must specify the projects, the
(b) The contract notice must indicate that the contract is the subject of the contract or the services which constitute the subjectmatter of the contract.
It will be concluded by a restricted procedure or a negotiated procedure without retroactive publication of a contract notice, and to invite the interested economic operators to express their interest in writing and (c) It must have It shall be published, in accordance with the Annex.
A maximum of 12 (12) or 12 (12) prior to the date of dispatch of the invitation referred to in Article 115 (4). The contracting entity shall abide by the deadlines set out in Article 113 of that law.
Article 110 Pension and details of public contracts
Notices (Article 44 of Directive 2004 /17/EC)
1. The notices and notices include the information referred to in Annexes XI-II, XIV, XV A, XV B and XVI of Annex B and, in-acceptance, any further information deemed useful by the contracting entity, in accordance with Documents adopted by the European Commission with the procedure provided for in Article 68 (2) of Directive 2004 /17/EC.
2. The notices and notices sent by the contracting entities to the European Commission shall be forwarded either by electronic means, in the form and in accordance with its transmission details.
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Annex X of Appendix B, point 3 or other means. The notices referred to in Articles 109, 111 and 112 shall be published in accordance with the technical characteristics of the publication of Annex X of Annex B, point 1 (a) and (b).
3. The notices and notices drawn up and sent by electronic means, in accordance with the format and details of the transmission of Annex X, point 3, of Appendix B, shall be published at a maximum of five (5) days from the date of publication. Their mission. The notices and notices, which I do not
They shall be sent by electronic means, in accordance with the version and the transmission details referred to in Annex XX of the Annex B point 3, shall be published within 12 (12) days at the latest by their dispatch. However, in exceptional cases, and at the request of the contracting entity, the invitations to tender referred to in Article 109 (1) of Article 109 shall be published within five (5) days if the contract notice has been sent out. Telematics.
4. The notices and notices shall be published in detail in the Greek language and authentic only the original text published in that language. A summary of the most important elements of any notice or notification is published in other official EU languages. The expenditure of the European Commission is to be borne by the European Commission by the European Commission.
5. The notices and notices and their content may not be published before the date of dispatch to the European Commission. Notices and notices published at national level shall not contain information other than those contained in the notices and notices sent to the European Commission or published in the Official Journal. 'buyer profile', in accordance with the first subparagraph of Article 111 (1), and shall refer to the date of dispatch of the notice or opinion to the European Commission or the publication in the 'buyer profile'. Indicative periodic notices may not be published in the 'Pre-shoppers' before they are sent to the European Commission, the notification announcing their publication in this form and should indicate the date of that notification. Dispatch:
6. Contracting entities must ensure that they are able to prove the date on which the notices and notices are to be restored.
7. The European Commission shall provide the contracting entity with confirmation of the publication of the information forwarded to it, indicating the date of that publication. This certificate shall constitute proof of publication.
8. Contracting entities may publish in accordance with paragraphs 1 to 7, notices and notices for which the obligation to publish under this law does not apply.
Article 111 Periodic indicative notices and notices
On the existence of an qualification system (Article 41 Directive 2004 /17/EC)
1. Contracting entities shall communicate at least once a year, by means of a periodic indicative notice, referred to in Annex XVA of Appendix B, published by the European Commission or by the contracting entities themselves. Entities in the 'buyer profile' as defined in Annex XX to the Annex B point 2 (b): (a) In the case of supplies, the estimated -
The legal value of the contracts or contracts-public procurement by product groups which they intend to conclude by 12 (12) months, with the total estimated value, including in terms of the provisions of paragraph II. Article 23 and Article 25 of this Act shall be equal to or more than seven hundred and fifty thousand (750,000) euro. The product groups are determined by the
Entities with a referral to the CPV nomenclature. (b) In the case of services, the estimated
The legal value of the contracts or framework agreements for each of the categories listed in Annex XVII A to the Annex B, which they intend to conclude by 12 (12) over months, provided that this assessment is based on the following: (c) In the case of projects, the main provisions of paragraph 2 of Article 23 and Article 25 of this Act shall be equal to or more than seven hundred and fifty thousand (EUR 750,000). Characteristics
The works contracts or framework agreements which the contracting entities intend to award by the 12 (12) adjacent months, the estimated value of which is equal to or exceeds the threshold referred to in paragraph II of the paragraph Having regard to the Treaty establishing the European Community, and in particular Article 23 thereof, The notices referred to in (a) and (b) shall be sent to the European Commission or published in the 'buyer profile' as soon as possible after the beginning of the financial year. The notice referred to in the case (c) shall be sent to the Commission or published in the 'buyer profile', as soon as possible after the adoption of the work programme to which the works contracts or framework agreements, such as the framework agreements, are adopted. Contracting entities intend to conclude. Contracting entities which publish the periodic indicative notice on their buyer profile shall be forwarded to the European Commission electronically in accordance with the format and the terms of reference provided for in Annex XX, Section 3 of Annex B, notice announcing the publication of a periodic indicative notice to the buyer profile. The publication of the pre-declarations referred to in subparagraphs (a), (b) and (c) is compulsory only if the contracting entities have chosen the abbreviations for tenders, in accordance with Article 113 (1).
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Box 4 of this law. This paragraph shall not apply to proceedings without prior notice of competition.
2. Contracting entities may, in particular, publicise or delegate to the European Commission the publication of periodic indicative notices of major projects, without repeating the information already included in it. A periodic indicative notice, where it is clearly stated that such notices are complementary.
3. When contracting entities choose to apply a pre-selection system in accordance with Article 120 of this Act, a notice shall be drawn up, in accordance with the standard contract notice, obtained in Annex XIV of Annex B, Which refers to the purpose, which serves the pre-selection system, and the details of the offence to the rules governing it. Where the system has a duration of more than three (3) years, the contract notice shall be published annually. Where the system has a shorter duration, the initial notice shall be sufficient.
Article 112 Disclosures for contracts concluded
(Article 43 Directive 2004 /17/EC)
1. Contracting entities which have concluded a contract or a framework agreement shall send the opinion on the contracts concluded, which shall be included in Annex XVI of Annex B. This notification shall be sent in accordance with the conditions laid down by the European Commission, in accordance with the procedure laid down in Article 67 (2) of Directive 2004 /17/EC, within a period of two (2) months following the award of the contract or conclusion. The framework agreement. In the case of agreements concluded in accordance with Article 108 (2), contracting entities shall be exempt from the notification of the results of the award for each contract based on the framework agreement. Contracting entities shall send notification of the results of the procurement of contracts based on a dynamic purchasing system at the latest two (2) months after the conclusion of each contract. They may, however, collect these notices on a quarterly basis. In this case, they shall send the accumulated knowledge within two (2) months at the latest after the end of each quarter.
2. The information provided in accordance with Annex XVI of Appendix B and intended to be published shall be published in accordance with Annex X of Annex B. The European Commission shall respect the sensitive nature of the information referred to by the contracting entities when transmitting such information on the number of bids, the identity of economic operators and prices.
3. When contracting entities award a contract of research and development services (R & D access) with a procedure without a call for competition, in accordance with Article 105 (3) of Article 105, they may limit the information which may be provided by the contracting authorities. Must be
Are provided in accordance with Annex XVI of the Appendix B, concerning the nature and quantity of services provided in the indication 'R & D services'. Where contracting entities co-host a research and development contract which cannot be concluded with a procedure without a competition notice, in accordance with Article 105 (3) (3), they may limit the information provided for in Article 105 (3). They must be provided in accordance with Annex XVI of Appendix B, on the nature and quantity of the services to be provided, if necessary for reasons of confidentiality. In such cases, contracting entities shall ensure that the information published in this paragraph is at least as detailed as those included in the notice of the competition, which is Shall be published in accordance with Article 110 (1). When applying a pre-selection system, contracting entities shall, in such cases, ensure that such information is at least as detailed as the category defined in the register of selected service providers. Shall be drawn up in accordance with paragraph 7 of Article 120 of the Act.
4. In the case of contracts concluded for services listed in Annex XVII B of Appendix B, contracting entities shall make the contract notice if they accept their publication.
5. The information provided in accordance with Annex XVI of Appendix B, and reported as not published, shall be published only in an extended format, and in accordance with Annex XX of Appendix B for statistical purposes.
Article 113 Timelimits for receipt of requests for participation
And receipt of tenders (Article 45 Directive 2004 /17/EC)
1. In determining the time-limits for receipt of tenders and requests for participation, the parties shall take account in particular of the complexity of the contract and the time required for the preparation of tenders, without prejudice to the provisions of the tenders. The deadlines set out in this Article.
2. In open procedures, the minimum time for receipt of tenders shall be fifty two (52) days from the date of dispatch of the notice.
3. In restricted procedures and negotiated procedures following a call for tenders, the following rules are provided: (a) Deadline for receipt of applications;
After a notice published in paragraph 1 of Article 109 or a call by a contracting entity pursuant to paragraph 3 of Article 115 of this law, it shall, as a general rule, be held in thirty-seven (37). At least the days from the date of dispatch of the pre-declaration or call and in no case may be less than twenty-two (22) days if the notice is sent for publication with other non-electronic or electronic copies. Telematics and telematics
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(b) The time-limit for receipt of tenders may, at least, be sent to 15 (15) days if the notice is sent with these instruments.
Be defined by common accord between the contracting entity and the candidates selected, provided that all candidates are given equal time for the preparation and submission of their tenders. (c) When an agreement cannot be reached
On the time-limit for receipt of tenders, a procuring entity shall lay down a deadline which, as a general rule, shall be at least twenty-four (24) days, in no case less than ten (10) days, by the contracting entity. Date of the invitation to tender.
4. If contracting entities which have published a periodic indicative notice, as referred to in paragraph 1 of Article 111, referred to in paragraph 1 of Annex B, the minimum time for the receipt of tenders in open procedures Is, as a general rule, thirty-six (36) days, but in no case less than twenty-two (22) days from the date of dispatch of the notice. In addition to the information required by Annex XV A Part I of the Pre-losartan B, all the information required is acceptable, provided that the periodic indicative notice includes, in addition to the information required by Annex XV A, Part I of the Annex, all the information required. Annex XV A Part II of Annex B, if these exist in the publication of the resulting publication, and that the notice has been sent for public consultation between a minimum dimension of fifty-two (52) days and a maximum dimension 12 months prior to the date of dispatch of the invitation to tender for the tender, provided for in In the case referred to in paragraph 1 of Article 109.
5. When the notices and notices are drawn up and sent by electronic means, in the form and details of transmission referred to in Annex XX, point 3 of Appendix B, the deadlines for receipt of applications In the case of restricted procedures and the procedures for the negotiation and receipt of tenders in accordance with the procedures, they may be drawn up by 7 days.
6. The deadline may be drawn up by five (5) days for the receipt of tenders in open procedures, restricted procedures and negotiated procedures, unless a common agreement has been established, on the basis of a common agreement. Point (b) of paragraph 3, where a procuring entity has a seamless and full direct access to the contract documents and in each of the documents of the competition, already from the date of publication of the notice; It is used as a means of starting the competition in accordance with Annex XX of Appendix B. The notice must indicate the e-mail address in which the documentation in question is affixed.
7. In open procedures, the cumulative effect of the transactions referred to in paragraphs 4, 5 and 6 may not, in any event, lead to a deadline for receipt of the tenders less than 15 (15) days from The date of dispatch of the tender notice. However, where the notice of competition is not
Be sent by telefax or electronic means, the cumulative effect of the transactions referred to in paragraphs 4, 5 and 6 may not, in no case, result in a deadline for the receipt of tenders less than twenty-two (22) within the period from the date of dispatch of the tender notice.
8. The cumulative effect of the transactions referred to in paragraphs 4, 5 and 6 may not, in no case, result in a deadline for receipt of the request for participation, less than fifteen (15) days from the date of dispatch. The invitation to tender or the invitation to tender, following a notice published pursuant to Article 19 (1) (1), or the invitation of the contracting entities referred to in paragraph 3 of Article 115 of this Article A law. In the case of restricted procedures and negotiated procedures, the cumulative effect of the contracts referred to in paragraphs 4, 5 and 6 may not, in no case, unless a common agreement has been established by common agreement. Having regard to the Treaty establishing the European Economic Community, and in particular Article 6 (3) thereof, and in particular Article 1 (3) thereof,
9. When, for whatever reason, the documents of the competition and the supplementary documents or information, although requested in due time, have not been made within the deadlines set out in Articles 114 and 115, or if tenders are not able to Only after an on-the-spot visit or an on-the-spot examination of the documents annexed to the contract notice or specifications, the date of receipt of the tenders shall be extended, except in the case of a time-limit set by common Agreement on the basis of paragraph 3 (b), and all the economic operators concerned Bodies to be aware of all the information necessary for the preparation of tenders.
10. In Annex XXII to Appendix B, a recapitulative statement of the timelines set out in this Article shall be set.
Article 114 Open procedures: tender documents and
Supplementary information (Article 46 Directive 2004 /17/EC)
1. In open procedures, when contracting entities do not offer, by electronic means and in accordance with Article 113 (6), unhindered, complete and, direct access to the text of the specification and in general in all its documents, By way of derogation, these shall be sent to the economic agents within six (6) days after receipt of the request, provided that it has been submitted before expiry of the time-limit for the submission of tenders.
2. Provided that they have been requested in time, the supplementary information on the specification shall be provided by the contracting entities or the competent services six (6) days at the latest before the expiry of the deadline for receipt of the pre - Tenders?
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Article 115 calls for tender
Or trading (Article 47 Directive 2004 /17/EC)
1. In closed procedures and in procedures, contracting entities shall simultaneously and in writing invite the selected candidates to submit their tenders or participate in the negotiations. The invitation to the applicants shall include either a copy of the specification and, in general, all the documents in the tender, or a reference to the means of access to the documents referred to in the first indent, when applied in direct form. By electronic means, in accordance with Article 113 (6) of this law.
2. When a body other than the contracting entity responsible for the award procedure has at its disposal the specifications and/or any supplementary documents, the invitation shall specify the address of the service, from which it may The documents and the documents in question shall be requested and, where appropriate, the date of expiry of the time-limit for such application, and the amount and manner of payment of the amount to be paid for the acquisition of such applications; Documents; The competent authorities shall send these documents to economic operators immediately after receipt of their application.
(3) The supplementary information relating to the specifications or supplementary programmes shall be communicated by the contracting entities or the competent services not later than six (6) days before the expiry of the deadline set for The receipt of tenders, if they have been requested in time.
4. In addition, the invitation shall contain at least the following elements: (a) Where appropriate, the expiry of the time-limit for the
(b) The date of expiry of the deadline for receipt of supplementary documents, and the amount and payment of the amount to be paid for the receipt of the documents.
(c) The details of each invitation to tender must be drawn up and the language or languages in which they are to be drawn up.
(d) Indication of the documents which may be required
(e) The criteria for the award of the contract, where not
The notice shall be taken in the notice on the existence of a pre-selection system used as a means of starting a competition. (f) Gravity (relative weighting) of the criteria;
If the contract notice is not included in the contract notice, the contract notice for the existence of a pre-selection system or the specification is not included in the contract notice.
3. When the start of a competition is carried out by means of a periodic indicative notice, the connaaing tenderers;
They invite all candidates ex post to confirm their interest on the basis of detailed information on the contract in question before the selection of the tenderers or participants in the negotiations begins. This invitation shall include at least the following:
Information: (a) Nature and quantity, including all
The Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice and the Court of Justice of the Court of Justice of the European Court of Justice and the Court of Justice of the Court of Justice of the European Court of Justice In the case of renewable contracts, nature and quantity, and, if possible, the approximate deadline for public invitations to tender for the award of invitations to tender for the benefit, pre-supplies or services which are proclaimed. The procedure: closed or negotiated;
(c) Determination date or completion date
(d) Address and date of expiry of the time limit for the performance of the performance of the services or of the provision of services.
For the submission of applications by interested parties to receive an invitation to tender, as well as language or languages, to which they must be drafted. E) Address of the contracting entity to which they are required
Conclude the contract and provide the information required to the interested parties to the specifications and other documents. (f) Financial and technical terms,
(g) Amount and details of payment of any financial guarantee and information required by economic operators.
Amount, which is required to receive the documents of the contract. (h) Type of contract subject to the contract
Invitation to tender: purchase, finance, accommodation or sale/sale or combination of these contracts, and (i) Criteria for the award of the contract; and
Or, where appropriate, those criteria in a series of activities, in the event that they are not included in the indicative notice or in the contract documents or in the invitation to tender or to take place.
Article 116 Harmonisation of applicants by default, candidates and tenderers
(Article 49 Directive 2004 /17/EC)
1. Contracting entities shall inform, as far as possible, economic operators in relation to decisions taken in the context of a framework agreement or the award of the contract or integration into a dynamic purchasing system, including: In addition to the reasons why they decided not to enter into a framework agreement or not to award a contract, for which there was a competition, or to start a new procedure or not to apply a dynamic contract in the market. The relevant information shall be provided in writing, if a request is made, to the
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The promoters. 2. At the request of the interested parties,
(a) the reasons for rejection of his application; (b) the reasons for the rejection of his application; and, in the cases referred to above, the reasons for rejecting his candidature; In Article 40 (4) and (5), the reasons and their decision on the non-equivalence or their decision that the works, supplies or services do not comply with the requirements for performance or function and (c) any tenderer that Has submitted a admissible tender, the characteristics and the associated surplus of the selected In the framework of the Framework Agreement, as well as the name of the successful tenderer or the parties to the framework agreement. The relevant deadlines shall not be able to do so;
May exceed 15 days from the receipt of the written request. Contracting entities may not disclose certain information on the award of the contract or the conclusion of the framework agreement or the integration into a dynamic purchasing system, referred to in paragraph 1, where the disclosure It would be an obstacle to the application of the provisions or would be contrary to the public interest or would undermine the legal interests of public or private economic operators, including those of the economic operator, to which Has been entrusted with the contract or could affect the conditions of competition between Member States; The economic operators.
3. Contracting entities which establish and manage a pre-selection system shall inform the applicants of the decision they take on the default within a reasonable time. If, for the decision on the default, the
The contracting entity shall inform the applicant, within two (2) months of this case, of the reasons justifying the expiry of the time-limit and the date on which the application is lodged. Which will be accepted or rejected in its application.
4. Applicants for an application for selection shall be informed as soon as possible and, in any event, within fifteen (15) days at the latest from the date of the decision, in respect of that decision and the reasons therefor. Rejection of their application. Those grounds shall be based on the qualification criteria set out in Article 120 (2).
5. Contracting entities which establish and manage a pre-selection system shall close the pre-selection procedure for an economic operator only for reasons based on the qualification criteria referred to in Article 120 (2). The intention to terminate the pre-selection procedure shall be notified in advance in writing to the economic operator, at least fifteen (15) days prior to the date of the closure of the pre-selection procedure, with a reference to the ratio, or The reasons why they have gone to it.
Article 117 Information reserved for contracts
Concluded (Article 50 Directive 2004 /17/EC)
1. Contracting entities shall retain, for each contract, the appropriate information enabling them, at a later stage, to justify their decisions on: (a) the default and the selection of economic operators;
(b) The application of procedures without prior authorisation
Notice of competition, in accordance with Article 105 (3). (c) The application of the provisions of Articles 32,105
The derogations provided for in Articles 96 to 102, sub-paragraph II of Article 23 (2) to Articles 25 to 28 and 104. The contracting entities shall take the appropriate measures.
Measures to facilitate the conduct of the procurement procedures carried out by electronic means.
2. This information shall be retained for at least four (4) years from the date of award of the contract so that, during that period, the contracting entity is able to provide the European Commission or the Authority referred to in Article 15 (20), Upon request, the necessary information.
CHAPTER (D) OF THE PROCEDURE
Article 118 General provisions
(Article 51 Directive 2004 /17/EC)
1. For the purposes of the selection of participants in the procurement procedures: a) Contracting entities which have adopted rules
(b) The tenderers and candidates shall be entitled to the exclusion of the tenderers or sub-digits, in accordance with paragraphs 1, 2, 4 of Article 121;
In accordance with the conflicting rules and regulations adopted pursuant to Article 121. (c) In closed and negotiated procedures,
A notice of invitation to tender shall, if necessary, limit the number of candidates selected under Article 121 (a) and (b) above.
2. When the opening of the competition is carried out by means of a notice on the existence of a qualification system and in view of the selection of participants in procurement procedures for specific contracts which are subject to a contract notice (a) The contracting entities: (a) They choose economic operators in accordance with
The provisions of Article 120. (b) They shall apply the provisions of paragraph 1 which -
They shall refer to the economic operators concerned in the restricted or negotiated procedure.
3. Contracting entities control compatibility
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Tenders submitted by the selected tenderers to the rules and requirements applicable to tenders and award the contract on the basis of the criteria set out in Articles 43 and 44.
Article 119 A mutual recognition as regards administrative, technical or financial terms, as well as certificates, tests and evidence
(Article 52 of Directive 2004 /17/EC)
1. Contracting entities may not, when selecting participants in a restricted or negotiated procedure, at the time of their decision on the default or the adaptation of the criteria and the pre-selection rules: Impose administrative, technical or financial;
(b) To require tests or evidence of a subject matter, the legal conditions in certain economic operators should not be imposed on others.
If you are not sure whether or not you have any other medicines, you may need to take your medicine.
2. When requesting the submission of certificates drawn up by independent bodies, it shall ensure that the economic operator complies with quality assurance standards, contracting entities shall refer to quality systems. They are based on the relevant series of European standards and are certified by organisations which follow the series of European standards of certification. Contracting entities shall recognise equivalent certificates from organisations located in the other Member States. They shall also accept other evidence of equivalent measures to safeguard the quality of the economic operators.
3. For works and services contracts and only in duly justified cases, contracting entities may request, in order to verify the technical competence of the economic operator, the environmental management measures that may be To implement the economic operator in the execution of the contract. In such cases, where contracting entities request the submission of certificates drawn up by independent bodies, the financial institution shall maintain that the economic operator maintains a certain environmental management model, EMAS or environmental management standards based on relevant European or international standards and certified by organisations that comply with Community law or European or international standards for certification. Contracting entities shall recognise equivalent certificates from organisations located in other Member States. Furthermore, other evidence of equivalent environmental management measures by the legal entities is also acceptable.
Article 120 Default
(Article 53 of Directive 2004 /17/EC)
1. Contracting entities may establish and manage a system of pre-selection of the economy;
Education and training. Entities which establish or manage a pre-selection system shall ensure that economic operators are required to submit, at any time, a request for default.
2. The system provided for in paragraph 1 may include several stages of qualification. It shall be managed on the basis of objective and pre-selection criteria defined by the contracting entity. Where these criteria and rules contain technical specifications, the provisions of Article 40 of this law shall apply. The criteria and rules may be adjusted if necessary.
3. The criteria and rules of qualification referred to in paragraph 2 may include the exclusion criteria listed in Article 68 for the terms and conditions laid down therein. Where a procuring entity is a contracting authority within the meaning of Article 18, these criteria and the rules shall include the criteria for exclusion referred to in Article 68 (1).
4. Where the criteria and rules of qualification referred to in paragraph 2 include requirements relating to the financial capacity of the economic operator, then this economic operator may, if necessary, make use of The competences of other bodies, irrespective of the legal nature of the underlying relationships between them and those of the countries concerned. In such a case, it must prove to the contracting entity that it will have such instruments over the period of validity of the qualification system, with the presentation of relevant guarantees by those bodies. Under the same conditions, a common economic operator referred to in Article 33 may invoke the ability of the parties to the joint venture or other entities.
5. Where the criteria and rules of qualification referred to in paragraph 2 include requirements relating to the technical and/or professional competence of the economic operator, it may, if necessary, make use of the capacity of others. Bodies, irrespective of the legal nature of the existing relations between them and those bodies. In such a case, it must prove to the contracting entity that it will have such instruments throughout the period of validity of the qualification system, such as the presentation of guarantees by those bodies that they will be available to the economic operator. The necessary means. Under the same conditions, a consortium of economic operators referred to in Article 33 may vary the ability of the participants in the interest or other bodies.
6. The criteria and rules of qualification referred to in paragraph 2 shall be provided, upon request, to the economic operators concerned. The adaptation of these criteria and rules shall be communicated to the economic operators concerned. If a procuring entity considers that the system of qualification of certain third parties or bodies meets its requirements, it shall communicate to the relevant economic operators the names of such third parties or bodies concerned.
7. Register of the default financial instruments
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Organizations. This register may be divided into categories according to the types of contracts for which the default applies.
8. Contracting entities, when adopting and implementing a pre-selection system, shall in particular comply with the provisions of Article 111 (3) concerning notices of qualification, paragraphs 3, 4 and 5 of Article 116 Concerning the information provided by the financial institutions which have been paid by default, of Article 118 concerning the selection of participants, where the notice of competition is carried out by means of a notice on the existence of a qualification system and, Provisions of Article 119 on mutual recognition in respect of administrative, technical or technical (i) financial conditions, as well as certificates, tests and evidence.
9. When the opening of the competition is made by means of a pre-selection system, the tenderers in a restricted procedure or the participants in a negotiated procedure shall be chosen from among the candidates by default. Such a system.
Article 121 qualitative selection criteria
(Article 54 of Directive 2004 /17/EC)
1. The contracting entities which define the criteria for an open procedure shall act in accordance with the relevant rules and criteria in the case of the economic operators concerned.
2. The contracting entities, who choose the candidates for a restricted procedure or for a negotiated procedure, shall select in accordance with the objective criteria and the rules laid down and which are available to them. Concerned economic operators are concerned.
3. In restricted procedures or procedures, the criteria may be based on the subjective need of the contracting entity to reduce the number of candidates to the level that strikes a balance between the experts. Of the procedure for the conclusion of the contract and the arrangements required for the conduct of the procedure. The number of candidates selected must in any case take into account the need to ensure adequate competition.
4. The criteria set out in paragraphs 1 and 2 may include the exclusion criteria listed in Article 68 for the terms and conditions laid down therein. Where the contracting authority is a contracting authority within the meaning of Article 18, the criteria referred to in paragraphs 1 and 2 of this Article shall include the criteria for exclusion referred to in Article 68.
5. When the criteria referred to in paragraphs 1 and 2 include requirements relating to the financial capacity of the economic operator, then the economic operator may, whenever appropriate and for a given contract, do so. The use of the capacity of other entities, irrespective of the legal nature of the existing relations between them and those bodies. In this case, it must be
Indicates to the contracting entity that it has the necessary means, such as the presentation of relevant guarantees by those entities. Under the same conditions, a consortium of economic operators referred to in Article 33 may invoke the capacity of participants in the joint venture or other entities.
6. When the criteria referred to in paragraphs 1 and 2 include requirements relating to the technical or professional competence of the economic operator, then the economic operator may, whenever appropriate and for a given contract, To make use of the capacity of other entities, irrespective of the legal nature of the relations between it and those bodies. In such a case, it shall demonstrate to the contracting entity that it possesses, for the purpose of the contract, the necessary instruments, such as the provision of guarantees by those entities that they will make available to the economic operator the means necessary. Under the same conditions, a consortium of economic operators referred to in Article 33 may experience the ability of participants in the public or other bodies.
CHAPTER ON THE TERMS AND CONDITIONS CONTAINED IN THIRD COUNTRIES AND RELATIONS
WITH THESE COUNTRIES
Article 122 Deals containing products,
Originating in third countries (Article 58 Directive 2004 /17/EC)
1. This Article shall apply to offers of products originating in third countries with which the European Union has not concluded, in a multilateral or bilateral context, an agreement ensuring a substantial and effective access to the market. Community action on the markets of those third countries. It is without prejudice to the obligations of the European Union and Greece vis-à-vis third parties.
2. Any tender submitted for the award of a contract may be refused if the part of the products originating in third countries, as determined by the Council Regulation (EEC) No 2913/1992 (L 302) of 12 October 1992, The Community Customs Code, as it stands, contains 50 % of the total value of the products constituting the offer in question. For the purposes of this Article, the accounts used in the equipment of the telecommunications networks shall be considered as products.
3. Without prejudice to the second subparagraph, between two or more tenders which are equivalent, in accordance with the award criteria laid down in Article 43, the tenders which cannot be accepted pursuant to paragraph 2 shall be made. Such tenders shall be deemed to be equivalent, for the purposes of this Article, where the difference in prices does not exceed 3 %. There shall be no bid against another, pursuant to the first subparagraph, where its acceptance would oblige the contracting entity to acquire material with different technical characteristics a -
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Those of the already woven material, which would lead to incompatibility or technical difficulties in the use or maintenance or in disproportionate costs.
4. For the purposes of this Article, in order to determine the proportion of products originating in third countries as provided for in paragraph 2, no account shall be taken of the third countries in which the benefit of the provisions of the Directive is extended. Council Decision 2004 /17/EC, in accordance with paragraph 1.
Article 123 Relations with third countries in the field of public works contracts, supplies and services
(Article 59 of Directive 2004 /17/EC)
1. The competent authorities shall inform the European Commission of any general difficulties encountered and reported by the Greek undertakings, by law or by law, in their efforts to ensure the award of public contracts. Commission communication to the Council and the European
2. The competent authorities shall inform the European Commission of any difficulties encountered and communicated by the Greek companies, by law or by law, and which are due to compliance with international labour law provisions; Referred to in Annex XXIII of the Annex II in their efforts to ensure the award of contracts to third countries.
3. This Article shall be without prejudice to the obligations of the European Union vis-a-vis third countries resulting from international agreements on public procurement, in particular the WTO.
SECTION TWO RULES APPLICABLE TO COMPETITION
STUDIES IN THE FIELD OF SERVICES
Article 124 General provision
(Article 60 of Directive 2004 /17/EC)
1. The rules on the organisation of competitions shall be adopted in accordance with paragraph 2 of this Article and Articles 125 and 127 to 130 and shall be made available to all interested parties to participate in the exam.
2. The right to participate in the competition may not be limited to: a) In the Greek Territory or in the Greek State;
(b) From the status of the participants as natural or
Number of persons.
Article 125 Threshold limits
(Article 61 Directive 2004 /17/EC)
1. This Article shall apply to the tenders organised in the framework of a service contract award procedure, the estimated value of
Of which is equal to or more than four hundred and four thousand (EUR 414000, not including VAT. For the purposes of this paragraph, a threshold shall be understood as the estimated value of the service contract, including any award-winning or payment prizes to the participants.
2. This section applies to all case studies, where the total amount of the financial prizes for participating in the tenders and the amounts paid to the participants equals or exceeds four hundred 14-4 000 (EUR 414000). For the purposes of this paragraph, '
Limit ' means the total amount of such awards and amounts, including estimated value, without including VAT, the service contract, which may be delegated ex post, pursuant to paragraph 3 of Article 105, if the contracting entity has not excluded such entrustment in the contract notice.
Article 126 Non-exempt competition
(Article 62 of Directive 2004 /17/EC)
This section shall not apply: 1. To the studies of studies organised
Under the same conditions as provided for in Article 28 (2), Article 26 and paragraph 1 of Article 27 for service contracts.
2. In the competitions organised for the pursuit of an activity for which a decision of the European Commission has been deemed to be applicable, paragraph 1 of Article 104 or is deemed to be applicable in accordance with the second subparagraph. In paragraph 3 or the fourth subparagraph of paragraph 4 of that Article.
Article 127 Rules of openness and transparency
(Article 63 Directive 2004 /17/EC)
1. The contracting entities that wish to organise a competition are organised by means of a notice. Contracting entities which have organised a competition shall communicate its results with a notice thereof. The notice of competition contains the information referred to in Annex XVIII to the Annex II and the notification of the results of the competition studies shall include the information set out in Annex XIX of the Annex. In accordance with the procedure laid down in Article 68 (2) of Directive 2004 /17/EC, the European Commission adopts a standard format issued by the European Commission. Notification of the results of competition
It shall be forwarded to the European Commission within a period of two (2) months after the expiry of the competition and under the conditions laid down by the European Commission in accordance with the procedure referred to in Article 68 (2). 2 of Directive 2004 /17/EC. The European Commission has
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(i) any sensitive commercial aspects to which contracting entities may be affected, when they make such information, in respect of the number of studies or projects received, the value of the economic operators and the Prices offered. Paragraphs 2 to 8 of Article 110 shall apply.
And in the notices and notices concerning the market for olive oil.
Article 128 Means of communication
(Article 64 Directive 2004 /17/EC)
1. For each form of communication on competition, paragraphs 1, 2 and 4 of Article 36 shall apply. Communications, exchanges and storage of vessels
Such information shall be carried out in such a way as to ensure that the integrity and confidentiality of all the information forwarded by the participants to competitions are not prejudiced. The committee shall take note of the content of the schemes and studies only after the expiry of the deadline for their submission.
3. The following rules apply to the systems for the electronic receipt of drawings and studies: (a) Information on the necessary precautions;
Inscriptions for the presentation of drawings and studies electronically, as well as for encryption, should be made available to interested parties, and the systems for electronic receipt of the projects and studies should be in accordance with The requirements of Annex XXIV to Appendix B. (b) It may be established or maintained;
Voluntary certification with a view to improving the level of certification services provided for these systems.
Article 129 Organisation of competitions, selection of
Participants and jury (Article 65 of Directive 2004 /17/EC)
1. For the organisation of competitions, the promoters shall implement procedures adapted to the provisions of this law.
2. When the competition concerns are limited to the number of participants, contracting entities shall establish clear and objective selection criteria. In any event, the number of candidates invited to participate in the competitions should take into account the need to ensure effective competition.
3. The jury shall be composed exclusively of natural persons irrespective of the participants in the competition. Where the participants in the competition are required to have a specific professional qualification, one third (1/ 3) of at least the members of the jury shall have the same or equivalent qualification.
Rule 130 Judgments of the jury
(Article 66 of Directive 2004 /17/EC)
1. The jury shall be uninformed in its decisions or in the formulation of its opinions.
2. The Committee shall examine the studies and projects submitted by candidates in a non-discriminatory manner on the basis of the criteria set out in the notice of invitation to tender.
3. The Committee shall record the classification of the studies in minutes, which shall be signed by its members and indicating the advantages and disadvantages of each study, its comments and any points to be clarified.
4. Candidates may be invited, if required, to answer the questions which the jury has issued in its minutes, to clarify any element of the study. In this case, a full record of the dialogue between the jury and the candidates shall be kept.
5. Anony should be adhered to until the review of the work of the jury.
TITLES OF STATISTICAL DATA
Article 131 Statistical data to be concluded by
Contracting entities (Article 67 Directive 2004 /17/EC)
1. The Authority referred to in Article 15 (20) shall transmit to the European Commission every year statistical information on the total amount, by categories of activities referred to in Annexes I-as X to Appendix B, of the related Of minor and low-value contracts.
2. With regard to the categories of activities referred to in Annexes II, III, V, IX and X to Annex B, the above Authority shall forward to the European Commission, at the latest by 31 October each year, separate statistics. In accordance with the next paragraph, in accordance with the next paragraph on public works contracts, supplies and services of high value, respectively, which the contracting entities have agreed to during the preceding year. Contracting entities shall send the relevant statements of the works, services and pre-morals submitted during the preceding year by 31 May each year to the above Authority. In this situation, data are included in the list.
In the case of the United States, the European Union and its Member States are required to monitor the proper implementation of the agreement. The information referred to in the first subparagraph shall not include information on contracts having as its object the effects of the services listed in category 8 of Annex XVII A to Appendix B, the services Telecommunications, which are listed in Section 5 of Annex XVII A of the Appendix B to which the CPV classes are equivalent to CPC reference number 7524, 7525 and 7526;
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Facts which are listed in Annex XVII B of Appendix B.
3. By decision of the above Authority, particular issues relating in particular to the manner and timing of the reporting of the relevant paragraphs by the contracting entities shall be laid down. A decision of the same Authority shall specify details for the application of paragraphs 1 and 2 in such a way as to ensure that: (a) for administrative simplification purposes, low-value contracts may be excluded. A specific financial limit, provided that the use of the fixtures is not affected and (b) the confidentiality of the information provided is respected.
PART-FOURTH RULES RELATING TO ELECTRONIC
PUBLIC CONTRACTS
TITLES OF ELECTRONIC MEANS OF CONTRACT
Article 132 Use of electronic auctions
(Article 54 Directive 2004 /18/EC, Article 56 of Directive 2004 /17/EC)
1. Contracting authorities/entities may have recourse to electronic bidders.
2. In open, closed or negotiated procedures with prior publication of a contract notice, in accordance with Article 50 of this law, the contracting authorities/entities may decide that, prior to the award of a public service An electronic auction shall be conducted where the specifications of the contract can be determined accurately. Under the same conditions, the electronic bidder -
It may be used in the new competition between the framework of a framework agreement, as defined in the second indent of paragraph (b) of Article 54 (1), both by contracting authorities and by contracting entities. In the context of the dynamic purchasing system referred to in Article 133 of this law in the framework of the procurement of public procurement contracts. The electronic auction relates to: a) Whether prices only, if the contract is awarded
(b) Either the values or values of the data of the pre -
On the basis of the information supplied by the Commission, the Commission has decided to submit a proposal to the Council on the proposal for a Council Regulation (EEC) amending Regulation (EEC) No 8262than to be amended by the Council.
3. Contracting authorities/entities which decide to make use of the electronic auction shall mention it in the notice used as a means of starting a competition. The specifications shall include, inter alia,
(a) The information, the values of which will be a -
Details of the electronic auction, provided that these data are quantifiable in such a way that they are expressed in terms of numbers or percentages,
(b) the possible limits of the values which may be applied, as derived from the descriptions of the subject matter of the contract, (c) the information made available to them;
(d) the appropriate information on the conduct of the electronic auction and the time-frame, if any, by means of the electronic auction and the time available to them;
The electronic auction, (e) the conditions under which the bidders
They may submit their tenders, in particular the standard differences which may, if necessary, be made for the submission of tenders and (f) the appropriate information for the use of such offers;
An electronic system and the way and the technical specifications of the connection.
4. Contracting authorities/entities, prior to the electronic auction, shall carry out a first full evaluation of the tenders, in accordance with the selected criterion or the selected criteria by-position and by their weighting, as they have To be precise All tenderers who have submitted deliveries
Tenders are invited simultaneously with the use of the word-word instruments to submit new values and/or new values. The invitation shall contain all appropriate information on their connection to an individual database using the electronic system and shall specify the date and time of the start of the electronic auction. The electronic auction may take place in several successive phases. The electronic auction may not start before two (2) working days from the date on which the invitations are sent.
5. When the award is made to the most economically advantageous tender, the invitation shall be accompanied by the result of the full evaluation of the tender offered by the tenderer concerned in accordance with the weighting laid down in the tender. Article 43 (2). The invitation also mentions the student press,
On the basis of which this classification is established in the electronic auction, in relation to the new values and/or new values. This latter type reflects the weight of each criterion chosen to determine the most economically advantageous tender, which is stated in the contract notice or in the specification. To this end, possible variations ("shears") Should be expressed in advance with specific values. If alternative offers are allowed, predict -
A separate learning formula for each alternative offer.
6. During each phase of the electronic auction, contracting authorities/entities shall inform all tenderers immediately of the information given to them at least the opportunity to know, at any time, by the contracting authorities/entities. Their respective classification. They may also disclose other information on other values or values submitted, provided that this is in accordance with the specifications. They may, at any time, announce the number of participants at each stage of the auction. In
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No case shall disclose the identity of the tenderers in the conduct of the various types of electronic auction.
7. Contracting authorities/entities shall pass on an electronic auction by one or more of the following ways: (a) By labelling the invitation to tender.
(b) When new values or new values are no longer included in the auctioning of the date and expiry of the process already established.
Which meet the requirements regarding minimum differentiations. In such a case, the contracting authorities/entities shall specify in the invitation to tender at the auction the deadline to be met upon receipt of the final submission before closing the electronic auction. The phases of the auction, as specified in
(b) in the invitation to tender in the tuple, they have taken place in their entirety. Where contracting authorities/entities from -
They decide to close the electronic bidder-in accordance with the case (c), if possible in conjunction with (b), the invitation to tender in the auctioning shall specify the timing of each phase of the auction.
8. After the completion of the electronic auction, contracting authorities/entities shall set up the contract in accordance with the article, on the basis of the results of the electronic auction.
9. Contracting authorities/entities shall not be allowed to use the electronic auction or in such a way as to prevent, restrict or distort competition or alter the subjectmatter of the contract, such as this It was established in the notice of invitation to tender and specified in the specifications.
Article 133 Binary purchasing systems
(Article 33 Directive 2004 /18/EC, Article 15 Directive 2004 /17/EC)
1. Contracting authorities/entities may have recourse to dynamic purchasing systems.
2. For the implementation of a dynamic purchasing system, contracting authorities/entities follow the rules of the open procedure in all phases until the award of contracts under this system. All tenderers who fulfil the selection criteria and have submitted an indicative pro-text in accordance with the specifications and possible supplementary documents shall be admitted to the system. Indicative tenders may be improved at any time, provided that they continue to comply with the specifications. For the implementation of the system and the conclusion of contracts under the system, contracting authorities/entities shall exclusively use electronic means in accordance with the provisions of Article 36 (2) to (5).
3. For the purposes of applying the dynamic purchasing system, the contracting authority/assett -
(a) They shall publish a notice of invitation to tender, to which
(b) They specify, inter alia, the specification of a dynamic purchasing system.
The nature of the planned purchases that are subject to this system, as well as all necessary information concerning the purchasing system, using electronic equipment and technical arrangements; and (c) Offering free, direct and complete access
By electronic means in the specifications and in each supplementary document, already from the publication of the notice to the end of the system, and shall indicate in the notice of the internet address where these documents are posted.
4. Contracting authorities/entities shall have, throughout the duration of the dynamic purchasing system, the possibility for each economic operator to supply an indicative offer with a view to being admitted to the system, in accordance with the conditions laid down in Paragraph 2 of that Article. They shall complete the evaluation within a maximum period of fifteen (15) days starting from the submission of the indicative tender. However, they may extend the evaluation period if, in the meantime, another competition has not been completed. The contracting authority/entity shall inform the tenderer as soon as possible of its acceptance to the dynamic purchasing system or the rejection of its indicative tender.
5. Each specific contract must be a single competition. Prior to that tender, contracting authorities/entities shall award a simplified invitation to tender, inviting all interested economic operators to submit an indicative tender, in accordance with the procedure laid down in Article 3 of Regulation (EC) No 315/94. Article 2 (4) of that Article shall, within a time limit which may not be less than fifteen (15) days from the date of dispatch of the simplified notice. Contracting entities/entities shall proceed to the competition after the completion of the evaluation of all the tenders submitted within that time limit.
6. Contracting authorities/entities shall invite all tenderers admitted to the system to submit a tender for each specific contract to be concluded under the system. To that end, they shall establish a sufficient time-limit for the submission of tenders. The contract is awarded to the tenderer,
Who submitted the best tender, in accordance with the award criteria, which are attached to the notice of invitation to tender for the launch of the dynamic purchasing system. These criteria may therefore be specified in the invitation to tender.
7. The duration of a dynamic purchasing system cannot exceed four years, except for six-year-old, specially justified cases. Contracting authorities/entities shall not:
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They may have recourse to this system in such a way as to prevent, restrict or distort competition. The economic operators concerned or the participating Member States
(i) the system does not bear the costs of cancellation.
TITUS II NATIONAL ELECTRONIC SYSTEM
PUBLIC CONTRACTS
Article 134 Implementation scope
The provisions of this Title shall apply to the award and implementation, using Information and Communication Technologies (ICT), public works contracts, pre-morals and services of Part II of the present day by contracting authorities/entities Institutions. They may also be applied to public works concessions and to the contracts of the n. 3389/2005 (A΄ 232), as long as this is defined in the documents of the contract.
Article 135 Definitions
For the purposes of applying the provisions of this Regulation, the following terms shall be defined as follows: (a) " National System of Electronic Donors;
The Commission of the European ': Complete information system, including all the information necessary for the submission of supplies, the programming, the approval, the procedure for the contract notice, the award procedure, the procurement and the execution of public contracts, in accordance with the Legislation, with the use and implementation of Information and Communication Technologies (ICT). (b) "ESA web portal": Web portal
Of the Ministry of Development and Competitiveness, in which the RESIDENCE works on the Internet "PROMETHEUS" (and in Latin "PROMETHEUS") and by e-mail www.promitheus.gov.gr. Contracting authorities of the ar -
Article 19, the contracting entities referred to in Article 19, the economic operators referred to in Article 33 and the officials and functionaries of the entities of the public sector, which use the IRIS in the performance of their duties.
Article 136 Obligation to use RESEARS
1. The contracting authorities/entities should be charged to use the APHIS at all stages of the procurement procedure at present, from the submission of the application until the signature and execution of these contracts, A value of EUR 60,000 (60,000) or more, without including VAT. By decision of the Minister for Development and Competitiveness, the time required for the implementation of all or part of the provisions of this regulation may be made, in all or certain categories;
Public procurement contracts, for all or for certain contracting authorities and all decisions to award and execute public contracts or to parts thereof.
2. The above-mentioned conclusion and execution of public procurement by the contracting authorities/entities with the use of the ESHICP shall be carried out in accordance with a decision of the Minister for Development and Competitiveness. Technical details and procedures concerning: (a) the creation of the electronic portal ESHIS, the
And its content, in accordance with the provisions of the Electronic Governance Framework (YSG/F40.4/1/989/10/4/ 2012-B1 1301), and from the DSB, the readmission of users, the access and study of the tender documents and the public (b) the use of ICT, the identification and identification of, and the most specific issues and methods of registration, originality, website security policy, and the implementation of the text of the text; Personal data from the users of the ESHICP, in accordance with what is defined in the The provisions of Article 36, Annex X1 to Appendix 1, and Annex XXIV of the Annex II to the present law, and of the n. 3979/2011 (1 138) and the DSB. (b) Determination of the content of the rules
And details of the use of the ERHIS tools, such as web-based product and information management, the use of standards and standards, the management of the electronic protocol, the electronic notification, the procedure (i) the award and management of public contracts concluded, electronic auctions, electronic auctions, purchasing power systems, electronic orders, electronic registration, electronic equipment, electronic (c) the terms and conditions for the submission,
The communication, the movement of documents through the Dispute, the press and their content, the appointment of the time of receipt and the calculation of the deadlines, any information notice and a request for access by the economic operator concerned. (d) The interoperable connection of the ESHORIS with the institution, as well as the means and proof of access to documents through the ESHIS and copies.
National database of Accessible Danes of the Single Independent Public Procurement Authority (EASHR) and the Information systems of the Public Sector, such as contracting authorities/entities, of all types of public sector bodies, of the public sector Uniform Customer Care Centres, other registration and integrated offices, the General Secretariat of the Registry, the Registry of the General Secretariat of the State, the Programme-the Ministry of Justice. Regulation (EEC) No 3862/2010 (1 112), as applicable, concerns information and documents relating to public procurement in respect of transparency and entered into in the Official Journal of the European Union, with the Completed Critical System for the monitoring of co-financed projects. Any other information system deemed necessary to monitor the situation;
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The award and execution of public contracts for audit, financial, statistical and other purposes of tax and insurance authorities, judges and prosecutors, as well as with the information systems of others (e) the definition and implementation of measures for education and training;
In the case of users, through relevant programmes and in education and training or in the drafting of codes of practice. The exact location of the ESHICP, as well as
The terms and conditions which ensure, at the level, the uninterrupted and correct functioning of the location of the location.
3. In para. 25/2014 (A ' 44), the establishment, maintenance, storage, indexation, and search of electronic documents and archives, concerning the public procurement of the present law, are regulated and enforced. Through the ESHIS, in particular technical specifications, adherence to instruments, technical standards for electronic management, archiving and search of documents and data, and guidance on organisational and technical security measures
Article 137 Support for the ESHICP
1. Until the adoption of the Presidential decree on the Agency of the Ministry of Development and Addictability, the support of the ESHICP shall be entrusted to the Directorate-General for Planning and Information Division of the Directorate-General for Political Affairs. General Secretariat of the General Secretariat of the Ministry of Development and Competitiveness.
2. Until the adoption of the presidential decree on the Statute of the Ministry of Development and Adequacy, the responsibilities of the Agency are: a) the monitoring, the information, the multiplication, the
The maintenance and management of the web portal of the ESHICP; (b) control of registration conditions; and
(c) the supervision of good use and safety of users;
(d) the exchange of information on communication, interoperability;
The, and coordination of the ESHIS with contracting authorities, contracting entities and other entities of the public sector, as well as other information aspects of the public administration, with the respective Member States of the European Union; or (e) adherence to the electronic data transmission system.
Article 138 Functioning and security policy
1. Users acquire the right to use the RESEARS if they have the appropriate credentials required, in accordance with the safety policy of the ESHICP.
2. The following applies to the security policy of the ESHICP:
By joint decision of the Ministries of Management and Electronic Governance, Development and Competitiveness, the level of error required for the use of the ESHICP at the various stages of the award procedure is determined; and Execution of public contracts and the other applications of that system. The security level shall be per-reason for the risks and shall comply with the conditions and conditions laid down by the provisions of the present law, in particular Article 36, Annex X of Annex I and Annex XXIV thereto. Appendix B to this, paragraph 150/2001 (A-125) of the n. 3979/2011 and the delegated legislation, in particular the Electronic Governance Service (DSB), which was ratified by a decision of the Secretary of State for Administrative Reform No 40.4/1/989/ 2012, Electronic Governance (B 1301).
3. Timing services shall be provided, in accordance with the provisions of this Decision No 40.4/163/ 2013 (B '401)' decision of the Secretary of State for administrative and electronic governance, by their national or foreign bodies, Certified by the relevant competent authorities for the provision of services and interconnected with national time. The provision of the timing services shall be demonstrated by means of an electronic confirmation of the services of these operators to the user, which shall be transmitted to the user via the ESA, in a secure encrypted manner and which has a position A document with certain chronology. The contracting authority/the contracting entity or the General Secretariat of the Commission or the body responsible for the support of the ECHR shall not be allowed to participate in the date of the procedure, as described above.
4. In cases of technical weakness of the operation of the ESHICP, which cannot be restored within certain time limits, the contracting authority/entity shall not be obliged, in whole or in part, to use the ESHIDIS. The above weakness is given by the Planning and Alignment Department of the Political Affairs Directorate of the Directorate-General for State Affairs of the General Secretariat of the General Secretariat of the Ministry of Development and Antitrust, and, in Following a reasoned decision, the contracting authority/entity shall not use the ESHICP. A decision of the Secretary of State for Development and Competitiveness is essential for the procedure for the accreditation and certification of the functioning of the ESS and the process of timely information of the economic operators; and The continuation of the procedure without the use or partial use of ICT, as well as the possible extension of the procedure for the conclusion of the public contract, in accordance with the relevant provisions.
5. In the ESA, a register of registered suppliers and service providers, which is an E-examination of the List of Economic Operators referred to in Article 75, is established. The Registry shall be associated with the Register of Business Enterprises (NSPs) and the Studies Registers and Studies Registers held in the General Secretariat of the Department of Infrastructure, Transport and the Department of Infrastructure.
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Of quail By decision of the Minister for Development and Competition,
In this context, it is necessary to define the conditions and conditions, the process of registration and deletion in the Registry, the operation of the use of the ECHR, the operation of the system with existing non-register of operators, and any other relevant issues.
TITLES OF THE CENTRAL ELECTRONIC REGISTER OF PUBLICATIONS
CONTRACTS
Article 139 Central Electronic Register of Public contracts
1. The Central Electronic Public Council Registry ('KIMDES ') Article 11 of the Law Having regard to Council Regulation (EEC) No 4013/2011 (1 204), which is part of the ESA, the purpose of which is to collect, process and publish data relating to public procurement contracts awarded by contracting authorities, contracting entities and central authorities This is the case, irrespective of the estimated value and procedure of a nountry. By a joint decision of the Ministers for Administrative Reform and Electronic Governance, Development and Competitiveness and the Secretary-General may specify, in particular, the contracts excluded from the scope of application. Is hereby amended.
2. The operation of KIMDIS is under the influence of the provisions of the n. Council Regulation (EEC) No 2472/1997 (2) and Article 22 of this Regulation. Access to the data of KEMIS shall be without prejudice to the provisions for the protection of the individual by the processing of sensitive personal data and of the state secrets provided for in the legislation, Rules on intellectual and industrial property, as well as the company or other goods provided for in more specific provisions.
3. In KIMDIS, the contracting authorities/entities and the central authorities referred to in the following shall be registered by the contracting authorities/entities for all public contracts: (a) the original request, (b) the approved request, i.e. withdrawal (c) the notices, in accordance with Article 152 and the declaration on its behalf, (d) the decision to award or award, (e) the contract, (f) each payment order and (g) the recipient of each payment. The entry shall include, as a minimum, the following items: (1) the entity's name, (2) its VAT, (3) the type of contract, i.e. a supply, service or project, (4) the budget, (5) the Number of Obligation, if the cost Is subject to the provisions of paragraph D. 113/2010 (1 94), (6) the value of the contract, (7) the nationality-nationality of the economic operator to which the contract was awarded, (8) the procedure for the conclusion of a contract, and in the event of an award procedure; At the same time, the Council adopted a common position on the proposal for a Directive on the approximation of the laws, regulations and administrative provisions of the Member States relating to turnover tax. (10) the code of goods or services in the Common Procurement Vocabulary (CPV) and (11) the geographical area under the Common Procurement Vocabulary (10).
Territorial Statistical Units (Nomenclature of units for statistics-NUTS) of the public body. The above data shall not be recorded first;
In the case of the United States, the Court of Justice of the European Union, the Court of Justice of the European Union and the Court of Justice. Other: The non-inclusion in the KHDIS of its data
In the case referred to above, it constitutes a disciplinary offence for the institution which issued the act or the person responsible for the entry. This paragraph shall enter into force on 1
Publication of the decision referred to in paragraph 5. 4. For reasons of national security, the data of the
Article 3 of this Article, as well as any other element defined by the Ministerial Decision of paragraph 5, concerning the armed forces, shall be entered in the internal-read-information sub-system of the CEMIS, without prejudice to the provisions of paragraph 5 of this Article. Ensuring compliance with the safety regulations of the Ministry of Defence. By a joint decision of the Ministers for Development and Competitiveness and National Defence, the arrangements for the submission of data, access to them, and any other relevant issues are regulated.
5. By a joint decision of the Ministers of the Interior, Management and Computer Reformation, Economic Affairs, Development and Competitiveness and, as the case may be, a partner of the Ministry of Home Affairs, and, in particular, the Minister responsible, regulates particular issues relating to the Operation and management of KIMDIS, its site of compliance, the structure, content and access thereto, and any levels of corrosion, the process of issuing electronic registration codes, the case-by-case entries, The time for such registration, the persons liable for the registration and the persons responsible for registration; The competent bodies are responsible for monitoring its proper monitoring and any other relevant issues. A decision may specify, in particular, issues relating to the determination of the way, time and individual procedures for the timing of the emission data, at the time of its entry into force. 4013/2011 (1 204), public contracts falling within the scope of this law.
6. The Acts of Cases C, D and E of the List 3 listed in the KHEMIS are valid from their registration in this case. The arrangements referred to in the preceding subparagraph shall be without prejudice to the relevant procedural arrangements in respect of the exercise of rights and assistance, or of the arrangements in force for the conduct of proceedings.
7. The issuing of separate websites for a register (ADAM) refers to all documents that will be registered in the KHEMIS and on the basis of these will be linked to the respective transactions. The registration of public contracts in KHEMIS, as well as the reference to the ADAM, are elements of the regularity of the expenditure, in the sense that the existence of a number of ADRs is justified by the justifications required and paragraph 2 of Article 26 of the Law. 2362/1995 (7247). If there is a difference between the text entered in the KHEMIS and the text in question, the text entered in the KEMIS shall apply. The responsibility of the person or body which has adopted the act shall be without delay the corrections to the text that has been posted to the institution concerned.
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POOR GUY. Acts registered in the KEMIS, in accordance with the provisions of this law, shall be excluded from the arrangements laid down in Article 11 (2) and (3). (') Regulation (EEC) No 2690/1999 (1 45), which is to be used without ratification. It is sufficient that the HNAM request for the ex officio search for transactions registered both in the handling of the case-law and on-the-society between the institutions of the DOJ.
8. The publication of the contract notice, in accordance with Article 152 of this Act, replaces the obligation to publish in the Official Journal of the Public Contracts of the Government of the Government-as.
9. KIMDIS is the official national information system for the direct electronic submission of public procurement (eSenders) to the Tenders Electronic Daily (TED).
10. The KHEMIS is compulsorily linked and separated by the National Database for Accruals of Accruals of the Single Independent Public Procurement Authority (IASSOC). For the interconnection of KHEMIS with other information systems, the provisions of Article 136 (2) shall apply.
11. By a joint decision of the Ministers for Economic Affairs, Development and Competitiveness and the case of the competent Minister, issued following an opinion from the Authority for the Protection of Personal Data, it is possible to set the subject matter. The interconnection and interoperability of the Hellenic Foundation with the National Database of Accepted by the Single Report of the Executive Board, with the Record of Conduct of the General Accounting Office of the State, the ESA, the Completed Informative System (i) the monitoring of cofinanced projects, as well as any other information system; Is deemed to be necessary for the monitoring by the Agency of the course of the award and implementation of public procurement for audit, financial statistics and other purposes.
PART OF THE RULES APPLICABLE TO THE CONCLUSION OF CONTRACTS OF LOW VALUE AND CONTRACT
LOW PRIORITY PRIORITY
Article 140 Scope
1. The provisions of this Part shall apply: In public, low-value contracts, such as -
Having regard to the Treaty establishing the European Community, In the public procurement contracts of low pre -
Priority, irrespective of their estimated value. 2. The provisions of this Part may not be
They shall apply to the contracts of public works contracts, in accordance with the specific objectives of the contract.
3. For the rest, the provisions of paragraph 1 shall apply to the provisions of this law, unless otherwise specified in those articles.
Article 141 Procurement procedures
1. The provisions of this Part shall be concluded in accordance with the following procedures: (a) Open procedure, restricted procedure,
Negotiated with or without publication of a competition notice, the competitive dialogue, (b) the concise competition, in accordance with the article
(c) the direct award, in accordance with Article 144. 2. The contracts of this Part may be
The qualification system referred to in Article 120 shall, irrespective of whether the contract is concluded by a contracting authority of Article 18 or a contracting entity referred to in Article 19.
Article 142 Choice of award procedure
1. For the conclusion of the contracts at present, contracting authorities/entities shall freely choose either the open or restricted procedure or the negotiation process with a call for competition or the competitive dialogue or the system. For the purposes of Article 120.
2. For the purpose of recourse to the negotiated procedure without publication of a notice of competition, the conditions laid down in Article 51 shall apply, where they are concluded by a Contracting Authority referred to in Article 18 or Article 105 (3), where they are awarded by a contracting entity; Referred to in Article 19.
3. In the procedures for the award of public contracts of this part, the contracting authority/entity may limit the contract documents referred to in Article 39 and do not impose any requirements on financial or financial terms; or The economic proficiency and professional and/or technical competence of economic operators, except that this is justified in particular by any particularities of the contract and subject to compliance with the principle of proportionality.
Article 143 Concise competition
1. An appeal to the tender procedure is permitted where the estimated value of the contract is equal to or lower than the amount of sixty thousand (60 000) euro, without including VAT. It is also permitted for the award of the contract or the contract of higher value if the total estimated value of the products concerned does not exceed the amount of the preceding subparagraph or 20 % of the total value. Of all the symptoms of the contract. The calculation of the estimated value of the contract for the purposes of the application of this paragraph shall be made in accordance with Article 25. The amount of the items to be assigned, in accordance with the procedure in paragraph 1 of Article 144, shall be taken into account for the application of this paragraph.
2. To carry out a concise competition, or
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The contracting authority/entity shall publish a simplified contract notice in accordance with Article 152. In addition, it may invite additional and specific economic operators, three (3) at least to be active in the relevant market.
3. The bids of economic operators shall be submitted in writing. The submission of a single tender is not an impediment to the continuation of the tender procedure and the award of the contract.
4. The concise competition shall be conducted by a special tripartite committee set up for this purpose and shall conduct all stages of the competition. The sealing of the documentation of the supporting documents, the technical offers and the financial contribution may be made at a public hearing at the discretion of the Committee.
5. The details of the summary of the summary are specified in the documents of the contract.
Article 144 Direct award
1. An appeal in the direct award procedure is permitted where the estimated value of the contract, I have-no Value Added Tax (VAT), is equal to or less than twenty thousand (20,000) euro. It also includes, for the award of the contract or the contract of higher value, where the total estimated value of the products concerned does not exceed the amount of the preceding paragraph or 20 % of the total value of all its parts. Of the contract. The calculation of the estimated value of the contract for the purposes of the application of this paragraph shall be made in accordance with Article 25.
2. The direct award shall be carried out by the competent authorities of the contracting authority/entity, without the need to set up a collective body for that purpose.
3. Direct entrustment to a specific economic operator shall be made in accordance with the criteria for the good and timely execution of the contract by the supplier and its financial contribution.
4. After the decision is issued directly by the contracting authority/entity, the contracting authority shall publish it to the KEMIS in accordance with Article 152. The award decision shall contain a minimum of: a) the information and contact details of the person concerned;
(b) description of the subjectmatter of the contract and of the contracting entity;
Value of, (c) only and contact details of the economic
(d) any other information deemed necessary by the contract;
Contracting authority/entity. 5. If the obligation in paragraph 4 is violated,
Contract is self-righteous.
Rule 145 Timing
1. In the procedures for the award of contracts, the following deadlines shall be complied with: (a) In the open procedure, the minimum time-limit for
At the same time, the Council adopted a common position on the proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 1035/895 on the common organisation of the market in cereals. (b) In the restricted procedure and in the procedure
The minimum time for receipt of applications for contracts shall be 15 (15) days from the date on which the contract notice has been published in KHDIS and the minimum time for receipt of the contract notice. (c) In the short tendering procedure, the minimum time limit for the submission of tenders shall be 10 (10) days from the date of dispatch of the bid to the defaulting bidders.
12 (12) for the receipt of tenders received from the date of publication of the contract notice in KEMIS.
2. In determining the deadlines for receipt of requests for participation and tenders, the contracting authority/entity shall take into account, in particular, the particular nature of the contract and the time required for the preparation of applications; Without prejudice to the minimum time limits laid down in that Article.
3. The deadlines for receipt of requests for participation and tenders must be determined in such a way as to show the exact date and time for the submission of tenders and tenders.
Article 146 Exceptions
(a) The obligation to transmit a report to the European Commission is not applicable.
(b) Articles 56, 57, 109, 110 and 111, as provided for in Article 51 (1) (b);
Article 58 and paragraph 8 of Article 110. (c) Articles 59, 60, 61 and 113, 114, 115. (d) Article 192. (e) Articles 95,131.
PART OF THE RULES RELATING TO PREPARATION AND IMPLEMENTATION
TRANSACTIONS IN THE PROCUREMENT PROCEDURES
TITLES OF THE PREPARATORY PROCESS FOR PREPARATION
CONTRACTS
Article 147 Implementation Scope
1. The provisions of this Regulation shall apply to the public contracts of this law, regardless of their estimated value.
2. The provisions of this Part may not be applied to the contracts of public works, in accordance with the specific objectives of the contract.
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Article 148 Programming of public contracts
1. The contracting authorities/entities shall draw up the public procurement contracts and projects which they intend to conclude in each financial year. To this end, they shall draw up a programme of programming, which shall contain, in particular, the following information: (a) The number, type and object of the contracts;
(b) The total estimated value of the contracts and, where appropriate, the total estimated value of the contracts, including the indicative amounts, and the reserve ratios.
(c) the procedure for the award of contracts. (d) the planned initiation of the procedure;
(e) The estimated duration of the contracts. Any other relevant information or evidence;
It required the joint ministerial decision referred to in paragraph 5 of Article 139.
2. Contracting authorities/entities, following the adoption of their budget, shall register the programming table at the National Database of Accessibility. 4013/2011 and bearing the responsibility for the accuracy of the information provided. The table shall be updated without delay for any amendments or additions remaining until 30 July of the following financial year from the date on which it relates to the programming. The decision referred to in paragraph 5 of Article 139 may read the access of the public or economic operators of the sector or economic operators to the items in the programming table.
3. The provisions of this Article relating to the suspension of the programming table shall not be applied to the contracts relating to, require or include read-in information. Such information shall be such that the disclosure of which may cause harm or damage to the interests of the contracting authority/entity or to disregard any confidential information.
Article 149 Preliminary consultations on the market
1. Contracting authorities/entities, prior to the opening of a procurement procedure, may enter into consultations with the market in order to assess the structure, capacity and capacity of the market, and They shall inform the economic operators of the plans and requirements of their agreements. The consultation is compulsory for high-value contracts. To this end, contracting authorities/assays -
They may request or accept the contracting entities of the public sector or of independent experts or market participants, provided that such advice does not result in competition and do not result in the conclusion of a competition policy; The principles of equal treatment, the exclusion of discrimination and transparency.
2. If a tenderer or candidate or an undertaking
Relating to a tenderer or candidate has prevented the contracting authority/entity concerned or has been in any way in the preparation of the procurement procedure, the contracting authority/entity shall take charge of the contracting authority/entity. Appropriate measures to ensure that competition is not distorted by reason of the participation of the tenderer or candidate.
3. These measures include, in particular, the notification to the other tenderers and sub-figures of any relevant information which has been obtained in the context of the previous engagement of the tenderer or candidate in its preparation. The award procedure or resulting therefrom, and the determination of sufficient time-limits for the receipt of tenders. The interested tenderer or candidate shall be excluded from the procedure only if there is no other way to ensure compliance with the obligation to respect the principle of equal treatment. Prior to any such exclusion, it is provided
The opportunity for tenderers or candidates to demonstrate that their participation in the preparation of the contract award procedure cannot cause distortion of competition. The measures taken shall be documented in the minutes in accordance with Articles 63 and 117.
Article 150 Rules for preliminary draft
Consultation on the market
1. Consultations shall be conducted on the basis of a special invitation to tender for open, non-binding participation of the economic operators concerned posted on the website of the contracting authority/entity and shall be published with each other appropriate, The judgement of the contracting authority/entity, through the form or electronic format. The cost of any publications in the press and any other means of publicity shall be borne by the contracting authority/delegated entity. In the case of contracts for which the application of this provision would oblige the contracting authorities/entities to provide information, the disclosure of which is contrary to their essential interests or may harm Any confidentiality, the special invitation to the first subparagraph shall not be disclosed, but shall be forwarded in any appropriate manner.
2. The invitation shall state the details of the contracting authority/entity, the subject matter of the contract, the manner and the time-limit for the submission of applications. A descriptive document, including any other information on the contract to be concluded, shall be attached to the invitation.
3. The consultation process takes at least fifteen (15) days and may not exceed sixty (60) days after the suspension of the relevant note or from the dispatch of the relevant invitation. This time-limit may be extended, in particular in cases of contracts of economic value or with a particularly complex subject. After the expiry of the time-limit set out in the call for tenders;
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The consultation, the contracting authority/entity shall collect and process the comments submitted.
Article 151 Consolidation of public contract
1. For the purpose of establishing the procedure for the award of public contracts of Part B, the contracting authority/entity shall draw up and maintain in electronic form a specific 'Cluster Dossier Folder'. The outcome of the contract shall be completed and updated in all stages of recovery and execution of the contract, followed by the end of the contract and shall include in particular: (a) the documentation of the outcome of the contract;
(c) the documents of the contract, in accordance with Article 39 and (d) the budget of the contract and the amount of the contract.
2. The content, procedure and any other matter relating to the establishment and maintenance of the Faku referred to in paragraph 1 may be determined by the Presidencies referred to in Article 172.
TITUS II EXPORTANT PUBLIC PROCUREMENT PROCEDURE
CONTRACTS
Article 152 National budget
1. Contracting authorities/entities shall publish invitations to tender and declarations or decisions directly awarding public contracts, irrespective of their estimated value and the recovery procedure, without prejudice to the application of the paragraph The Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice of the European Court of Justice and the Court of Justice of the European Union The notices shall include the information referred to in Article 39 and use the standards adopted by the Authority referred to in Article 15 (20).
2. Contracting authorities/entities shall publish a notice (summary declaration) of public procurement in the regional and local press, in accordance with the provisions of the Law. Having regard to Council Regulation (EC) No 3548/2007 ('), as well as the publication of the present law on compulsory disclosure by the regional and local type of procurement of public contracts, within the meaning of Article 15 of Part B, 1.
3. Advertisements and declarations of public procurement referred to in paragraph 1 shall bear a number of Internet-based (ADAM) number in KIMDIS, in accordance with Article 139 (7).
4. The expenditure of the publications referred to in paragraph 2 shall be borne by the contracting authority/entity.
Article 153 Clothing ratios
1. The reasons for the exclusion of the tenderer or of the candidate shall be laid down in the documents of the contract.
2. The tenderer or candidate shall be excluded from the
(b) In the case of a contract for the award of public contracts, the Commission has decided to initiate proceedings under Article 90 (2) of the EC Treaty.
The debtors referred to in Article 68 (1) either at the time of the declaration referred to in Article 155 or at the time of notification of the written notice of paragraph 1 of Article 170. (b) In his face, one of the pre -
Heretical reasons for exclusion referred to in Article 68 (2) and specified in the documents of the contract either at the time when the declaration referred to in Article 155 is submitted or at the time of notification of the written notice referred to in paragraph 1; Article 170. (c) He has been convicted of an unsolicited decision on a
The number of offences, fraud, extortion, forgery, perjury, perjury, malpractice and fraudulent bankruptcy either at the time of submission of the Article 155 declaration or at the time of notification of the document Referred to in Article 170 (1). (d) Crucible in the face of the comparison;
In accordance with Article 45, which cannot be treated with other less onerous measures. (e) The contracting authority/entity shall have:
Reasonable indications that the economic operator agreed to agreements with other economic operators with a view to distorting competition in the process of entrusting the specific contract. (f) The economic operator is attempting to influence
In the course of the decision-making process of the contracting authority/entity, to obtain confidential information which may be obtained from the surplus in the recovery process or to provide misleading information. Information likely to affect materially the decisions relating to the exclusion or qualitative selection of economic operators or the award of the contract. G) From the previous participation of the economic
At the stage of the preparation of the award procedure, in accordance with Article 149, there is a distortion of competition which cannot be cured by other less cumbersome measures. (h) The conditions for the application of the competition rules. 4
Article 4 and par. Article 8 (4) of the Law 3310/2005 (1 30), as applicable, provided that the contract in question is subject to its pre-estimated value in the application field. NO 3310/2005
3. No possibility of participation in the procurement procedure of the public contract of the tenderer or the candidate who is a consortium of economic operators within the meaning of Article 33 shall be excluded from participation in the procurement procedure. A contract where one of the cases referred to in paragraph 2 is present in the face of one of the members of the legal department.
4. The tenderer or candidate shall also be excluded where one of the cases referred to in paragraph 2 occurs to the person of third parties providing to the tenderer or candidate economic, financial or technical capacity, in accordance with Article 70 (1) Two, 71 par. 3, 120 paragraphs 4 and 5; and
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121 paragraphs 5 and 6. 5. The economic operator which is a member of the
The particulars referred to in paragraph 2 may provide evidence that the measures taken are sufficient to demonstrate its reliability. In particular, the economic operator shall demonstrate that it has paid or has committed to pay any imposed fines or other financial penalties or compensation for any damage caused by the criminal offence or the offence, that Has clarified the facts and circumstances in an integrated way, through active cooperation with the competent authorities, and has taken specific technical and organisational measures, as well as measures at the level of staff, appropriate to avoid further Criminal proceedings against offences or offences. The measures taken by economic operators shall be assessed in the light of the seriousness and the particular circumstances of the criminal offence or the complaint. If the information is deemed sufficient, the financial position in question shall not be excluded from the award procedure. If the measures are found to be insufficient, the economic operator shall be informed of the reasoning of the crisis.
Article 154 Verification of suitability of tenderers
Or candidates
1. Without prejudice to compliance with the general principles set out in Article 16, the contracting authority/entity shall determine the minimum qualifications and competences required for tenderers/candidates to participate in the award procedures.
2. In order to participate in the award procedures, tenderers or candidates shall submit justifiably, in order to demonstrate in particular: (a) the use of them, b) their personal situation and professional competence;
(c) economic, financial and financial proficiency;
(d) recourse to financial or technical assistance;
(e) the existence of a quality assurance system; or
Environmental management, (f) any other requirement or element conducive to
Carrying out the eligibility check. 3. The qualitative selection criteria, as well as the right -
Accounting documents showing that they are met, in accordance with Article 155 of the Convention, in accordance with Article 155.
4. For the purposes of checking the financial and financial competence of tenderers or candidates, contracting authorities/entities may require economic operators to have an appropriate financial and financial credit; " Ninity. To this end, they may require economic operators to have a certain minimum annual turnover, including a certain minimum turnover in the area of activity covered by the scheme. Contract. In addition, contracting authorities/entities may require financial institutions to provide information on the annual accounts;
Their garters, from which data are derived, such as the ratio between the assets and liabilities. They may also ask the economic operators to have adequate insurance cover for professional risks.
5. The required minimum annual cycle of works may not exceed twice the estimated value of the contract, except in duly justified circumstances relating to the nature of the projects relating to the nature of the projects. No, no, no, no, no, no. The contracting authority shall indicate such exceptional circumstances in the documents of the public contract.
6. The ratio between the assets and liabilities may be estimated if the contracting authority/entity specializes in the contract documents and the criteria for its aggregation. These criteria are objectively and in accordance with the principles of transparency, equal treatment and non-discrimination.
7. When a contract is divided into sections, the entries 3 to 5 are applied in relation to each individual item. If several steps to be taken at the same time are awarded to the contraaor, the contracting authority may determine the minimum annual turnover per group of subjects.
8. If the contracts under a framework agreement are to be awarded following a new competition notice, the maximum annual turnover requirement referred to in paragraph 4 shall be calculated on the basis of the expected size of the performers. Contracts to be executed simultaneously, or, if this is not known, based on the estimated value of the framework agreement. In the case of dynamic purchasing systems, the maximum annual turnover requirement referred to in paragraph 4 shall be calculated on the basis of the expected maximum size of the individual contracts to be concluded by the system. Market;
9. In order to control the economic and financial proficiency of the tenderers or candidates, the contracting authority/entity may request the declaration of one or more supporting documents with regard to its requirements as appropriate. As a result, the potential of the particular market, to which it is responsible, and the need to ensure effective competition.
10. The technical and professional capacity of candidates or candidates may be controlled on the basis, in particular, their know-how, efficiency, experience and reliability. For the purposes of this capacity, the contracting authority/entity shall specify in the proclamation the necessary data according to the nature and nature or economic impact of the contract under contract.
Article 155 Supporting qualitative selection
1. In the submission of requests for participation or tenders, the offeror or candidate economic operator shall submit a statement indicating: (a) that he is not in any of the situations listed in the
Are grounds for exclusion, in accordance with Article
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153. In addition, it declares the entities to whom it is obliged to pay insurance contributions. B) That it fulfils the criteria for qualitative selection,
(c) That, as the case may be, satisfies the requirements of Article 154 and the documents of the contract.
Rules and selection criteria established in accordance with Articles 67 (2) and (3) and (120). (d) As referred to in the second subparagraph of paragraph 3
Article 159, and in the second indent of Article 45 (4). (e) Having regard to the obligations relating to
The provisions on the protection of the environment and of the working conditions in force in the place where the contract is to be carried out. (f) He will be able, upon request and without
Delay, to provide any supporting documents or documents proving the information and statements contained in his statement. If the tenderer or candidate invokes the funds,
The economic, technical or professional capacities of other entities, in accordance with Articles 70 (1) and 70 (2) of the Treaty. Two, 71 par. 3, 120 (4) and (5), 121 (5) and (6) should refer to statements by those bodies with the content of the cases a 'to and including'. Statements have a responsible declaration of the
V.1599/1986 (' ' 75), without requiring the opinion of the signature of the person submitting the declaration. This declaration, irrespective of the reference to this date, acquires a certain amount of time-an issue with the submission of the offer or the request for participation which it accompanies.
2. The contracting authority/entity may request, at any time, by tenderers or candidates in the course of the procedure and before its completion, to submit the whole or part of the supporting documents proving them. Information and statements included in the statement of the tenderer/candidate if, in their opinion, it is necessary to ensure the smooth operation of the procedure.
3. By way of derogation from paragraph 2, the documents of the contract may provide that economic operators are not required to provide supporting documents or other evidence, where and to the extent that the contracting authority/entity It is possible to obtain the certificates or the relevant information directly with access to a database held in any Member State of the European Union and is available free of charge. The declaration referred to in paragraph 1 shall also contain the information required for the direct search for the right to participate, such as the web address of the database, identification details and, where appropriate, the necessary declaration. A consensus.
4. If the candidate or tenderer is a joint venture within the meaning of Article 33, he shall submit the statement referred to in paragraph 1, the documents or documents referred to in paragraph 3 for each member of the consortium.
5. When a request for participation is made or offered by a candidate or tenderer stating that it will finance the financial or economic investment or professional or technical capacity of third parties or subcontractors for the execution
The contract, in the case referred to in paragraph 1, shall be made by the applicant for each third economic operator or subcontractor the supporting documents referred to in paragraphs 1 or 2, in accordance with the provisions of paragraph 1. Declaration;
6. By decision of the Authority referred to in Article 15 (20), a specimen declaration of the parafa 1 shall be issued and the formula and the specific content shall be determined.
Article 156 Recalling capacities of third parties
1. Where the tenderer or candidate refers to the evidence of the qualitative selection criteria which they refer to either in the economic and financial markets or in the technical and professional capacity, laid down in the contract documents, Competent authorities of third parties, in accordance with Article 70 (2). Two, 71 par. Amendments Nos 3, 120 (4) and (5), 121 (5) and (6) shall additionally apply paragraphs 2 and 3.
2. Regarding the criteria relating to qualifications and professional qualifications or professional experience, candidates or tenderers may rely on the capacities of third parties, only those who will carry out the work. Or the services for which these skills are required.
3. Where the tenderer or candidate relies on the capacities of third-party economic operators, as regards the criteria relating to economic and financial proficiency, the contracting authority/entity may impose on The tenderer or the candidate and the third party to be responsible for the execution of the contract.
4. If the tenderer or candidate wishes to rely on the capacities of third parties, in accordance with the preceding paragraphs, it shall be required to demonstrate by any appropriate means to the contracting authority/entity that it will have at their disposal; In the case of applications for tenders or tenders, the relevant commitment of those bodies shall, in particular, be made available. The most specific means and means of demonstrating the allocation to the candidate or candidate of such resources may be further clarified by the President's provisions referred to in Article 172.
5. The contracting authority/entity shall examine whether the third economic operators, in the capacities of the tenderer or candidate, intends to comply with the relevant qualitative selection criteria, in accordance with Article 154; or In addition to the reasons for exclusion, in accordance with Article 153. The contracting authority/entity may be required by the tenderer/applicant to replace a third economic operator which does not fulfil a relevant selection criterion or for which the reasons for exclusion set out in its documents are fulfilled. The President of the Council and the candidate/candidate shall be required to do so.
6. Under the same conditions, a consortium of economic operators, as referred to in Article 33, may rely on the competences of the members of the Community, or other bodies.
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Article 157 Guarantees
1. Contracting authorities/entities shall request the tenderers to provide, on occasion, the following types of guarantees: (a) the 'participation guarantee', the amount of which is
It is based on the documents of the contract in a particular financial amount, numerically and in full in Euro, and may not exceed 2 % of the estimated value of the contract excluding VAT. The participation guarantee shall be valid for at least thirty (30) days after the expiry of the period of validity of the tender issued by the contract. Where the period of validity of the tender expires, the contracting authority/entity may, before its expiry, extend, within a reasonable period of time, the duration of validity of the offer and the guarantee. To be completed. No guarantee of participation is required for participation
In the procedures for the award of a framework agreement or in the co-operation of Article 143. The guarantee of participation shall be forfeited if the tenderer a -
It shall draw up its tender during the period of validity, provide false information or information referred to in Articles 153 to 156, without prejudice to the documents provided for in Article 168, and shall not be provided in time for the purpose of the application. Signature of the contract. The deposit guarantee is returned to the sponsor
With the addition of the guarantee of good performance and the other tenderers within four (4) of the notification to them or the final decision to reject their tender from the subsequent stages of the award procedure or (b) 'Good execution guarantee', the amount of which is to be calculated on the basis of the
Shall be fixed at a rate of up to 5 % of the value of the contract without calculating VAT. The guarantee of good performance shall be forfeited in the event of an infringement of the terms of the contract, as specified in particular. (c) "Good execution guarantee for a framework";
The amount of which shall be up to 0,5 % of the total value of the framework agreement or the framework agreement, which shall be equivalent and proportionately, per year, in relation to the total duration of the agreement; A framework agreement. In order to sign the implementing contract, the economic operator may be required to lodge a guarantee for the performance of the contract, in accordance with the conditions laid down in subparagraph (d).
Of the advance payment, equal to the advance payment. Where, in accordance with the documents of the contract, a guarantee of good performance is provided, the latter shall also cover the granting of an advance payment to the contraaor, without requiring the lodging of a security deposit. If the contract documents provide for a higher advance payment, it shall be taken by the advance payment guarantee covering the difference between the amount of the execution and the amount of the paid-up. The advance. The depreciation of the advance and the reimbursement of the guarantee of good performance
In accordance with the conditions of the contract documents, they shall be made. The advance and the pre-treatment guarantee may be granted only if this is the case in the terms of the declaration and in the documents of the contract.
2. Contracting authorities/entities may require tenderers to provide: (a) 'Good operating guarantee' for the defenceless;
In the event of a loss or damage caused by a malfunction of the works or causes during the period of the guarantee of good operation, the contract documents shall be subject to the provision of such guarantee. The amount of the guarantee shall be fixed in the documents of the contract in a particular financial amount. (b) " Insurance against all risks and civil liability.
', which covers the recovery of losses caused by the contractor during the execution of the contract. This insurance is compulsory for public works contracts.
3. The documents of the contract shall define, in a form and a certain amount, the required guarantees, the type, the exact amount, the process of forfeiture, the appeal or release, and the specific conditions of this.
4. The guarantees referred to in paragraphs 1 to 3 shall be issued by credit institutions operating laws in the Member States of the European Union or of the European Economic Area, or in the Member States of the Council of the European Economic Area. The vaccine, which has been ratified by n. In accordance with the provisions in force, they shall have the right to do so. They can also be issued by the ETHR. -T.S.U., or be provided with a line of the Deposits and Loans Fund in addition to that of the corresponding amount.
Article 158 Time and method of submission of tenders
Or applications for participation
1. Those who wish to take part in a commission procedure should lodge an application for participation or offer within the time limit set out in the documents of the contract.
2. Tenders or requests for participation shall be submitted or sent to the contraaing authority/entity with any of the provisions of that law provided for by the provisions of that law and shall be received by the institution responsible for proving.
3. Specials or requests to participate in the contracting authority/entity in any way, before carrying out the competition, shall not be stamped but delivered to the competent bodies of the procedure. In order to be unsealed together with the others presented in accordance with the procedure laid down in Articles 164 to 167. Promotions or requests for participation submitted or received by the contracting authority/entity shall be returned to the tenderers without being sealed off.
4. Tenders, applications for participation and oral tenders in general, lodged under the award procedure, shall be submitted in accordance with the procedure laid down in the tender procedure.
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In accordance with Article 159. 5. Before the expiry of the deadline for submission of
Tenders or requests for participation, the tenderer or candidate may amend, supplement or withdraw his offer or his request for participation.
Article 159 Content of the tenders
Applications for participation
1. In the open procedure the tenderers shall submit the following: (a) Separate stamped envelope, with the indication
'Supporting documents', which contains: aa. Guarantee of the competition in the competition article
157 if required. B. The provisions referred to in paragraphs 1, 4 and 5
Article 155 and the documents of the contract of quality of qualitative selection, relating to their personal situation and economic and financial affairs and professional or technical competence. G. The documentary evidence of the pre - -
(b) Separate stamped envelope marked with the indication (b) Separate sealed envelope
'Technical Offer', which contains the technical details of the offer. If the technical components of the product are not possible, due to large volumes, to be placed in the main file, they are separately packaged and followed by the main file with the words'Technical Insulation Annex' and the others. Particulars of the main file. (c) Separate stamped envelope, marked
(b) The delegation of the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee and the Committee of the Regions.
Application by a third party, or of the application for participation.
2. In the restricted procedure and in the process of negotiation: (a) All candidates submit during the pre -
A selection of the supporting documents referred to in paragraph 1 of paragraph 1. (b) Default candidates shall submit their
(b) in accordance with paragraph 1 (b) and (c) of paragraph 1. The supporting documents, other than the guarantee;
The declarations referred to in Article 155 (1). 3. The Supporting Documents, other than the guarantee
And the declarations referred to in Article 155 (1) may be submitted to simple photocopies. In this case, the declaration referred to in Article 155 (1) expressly states that photocopies are accurate copies of the originals.
4. If the public or private documents submitted by the tender or the request for participation are not synthesized in the Greek language, they shall be subject to an official translation in the Greek language.
5. Foreign public documents and supporting documents shall apply to the Hague Convention of 5.10.1961, ratified by Law No 1497/1984 (1 188).
6. In the documents of the contract it may be stipulated that information and technical brochures and other forms-e -
Or non-specific technical content may be submitted in another language, without being accompanied by translation into Greek.
7. If, in the offer or in the request for participation, there is any addition or correction, it shall be written by the author, the competent authority for the receipt and the closing of tenders and requests for participation, The check, name and seal of any correction or addition.
Article 160 Purity and the legality of supporting documents
Clarifications
1. During the procedure for the evaluation of tenders or requests for participation, the contracting authority/entity may invite tenderers or candidates in writing to specify or supplement the documents or supporting documents in the case. Article 159 (1) and (a) of Article 159 (2), which they have submitted, within a reasonable period, which may not be less than seven (7) days from the date of dispatch to those of the invitation concerned. Any ambiguity or fulfilment shall be submitted by the tenderer or candidates without being required by the contracting authority/entity not taken into account.
2. The above clarification or the fulfillment relates to ambiguities, immaterial plaits or promanifest typical errors which are capable of correcting or complementing, such as, in particular, omissions, decontamination, packaging and labelling. The dossier and the sub-envelopes of the tenders or requests for participation, verbal and verbal deviations of the tender documents from the terms of the contract documents, which do not have a legal effect on their content, shortcomings as In accordance with the provisions of Regulation (EC) No 1472/2004, the Commission of the European The provisions of Article 1 of the Law. No 4250/2014 (A ' 74) and translations and other certificates or attestations, modulation of the structure of the tender documents by sub-samples, compulsory or non-compulsory, adopted by law, regulation or documents of the contract. The inclusion or clarification in the first subparagraph may not lead to a subsequent replacement or submission of documents in compliance with the terms of the declaration, but only the clarification or fulfilment, even with new documents, documents, or Documents which have already been submitted.
3. The clarification or fulfilment of paragraph 1 shall not be discriminatory, unequal treatment of economic operators or as a consequence of favourable treatment of a particular economic operator in the award of public contract.
4. The contracting authority, the contracting entity, may, within a reasonable time limit which may not be less than seven (7) days from the date of submission of the application, request a written clarification of the content of the technical or economic If it contains inconsistencies, minor deficiencies, minor omissions or a manifest formal or computational error, the contracting authority/entity
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The body considers that it can be treated. This clarification should not result in substantial supply or change in the classification of tenders, in accordance with the award criteria and should not confer a competitive advantage on this particular market. (ii) supply in relation to other products.
5. The provision of the possibility of clarification to the tenderer or candidate, in accordance with paragraphs 1 to 4, shall be compulsory for the contracting authority/entity, if it is to be excluded from the procedure, in the light of the reasons therefor; (i) the supply of goods and services;
Article 161 Time of validity of tenders
(1) Tenders shall be valid and binding in advance for the period laid down in the documents of the contract and which may not exceed them and (12) months from the date of the award of the contract, unless specified. Otherwise in the contract documents. A time limit for a shorter period than that provided for in the contract documents shall be rejected as inadmissible.
2. If the tenderers have been invited to extend their tenders beyond the time limit laid down in accordance with paragraph 1, and have accepted the extension before the expiry of their validity, their obligations shall apply and shall also be binding on them. Over this period of time.
3. The power of the tender may be extended until such time as the contracting authority/entity so requests, before its expiry, for a maximum period of time equivalent to that provided for in the declaration. After the expiry of the period and the maximum time limit for the extension of the period of validity, the results of the award procedure shall be reduced, unless the contracting authority/entity considers, where appropriate, a causal link; The continuation of the procedure serves the public interest, in which case the parties to the award procedure may choose, either to give up their tender, if they are requested to extend the supply ceiling above. Of them, or not. In the latter case, the procedure shall be continued with those who have prolonged their programmes and are excluded from other tenderers.
Article 162 Reasons for refusal
1. The contracting authority/entity, on the basis of the results of the inspection and evaluation of tenders, shall reject, in any event, a tender: a) which is incomplete in the preceding Articles
(b) In which the value is not completely determined. (c) which contains imperfections, deficiencies, ambiguities, or inviolability of the terms of the contract; or
Carcases, if these are not met or corrected or, if they are completed or corrected, have not been remedied during clarification; and
Its completion, in accordance with Article 160. (d) For which the tenderer has not provided the
Explanations, within the prescribed time-limit, or the explanation shall not be acceptable to the contracting authority/entity in accordance with Article 160. (e) which does not meet the conditions relating to
These are the characteristics of the subject of the contract. Which is an alternative offer, if such
It is not permitted or, if allowed, does not comply with the requirements of the documents of the contract. (g) submitted by a tenderer who has
It has submitted two or more bids, subject to the possibility of submitting a tender offer.
2. Paragraph 1 shall apply mutatis mutandis to the procedure for assessing applications for participation in the restricted procedure, the angular dialogue process or the negotiation process.
Article 163 Evaluation of tenders
1. The evaluation of tenders shall be carried out by the competent institution of the contracting authority/entity, as defined in Article 195 of the Act.
2. Without prejudice to Article 166, only tenders deemed technically accepted and in accordance with the other conditions of the contract documents shall be assessed. At the technical assessment stage, the competent body may visit the activities of the tenderers in order to determine their actual manufacturing capacities for the specific materials they offer in the competition.
3. Where the award criterion is the most economically advantageous tender, in the case of equivalent tenders, with the same overall final score between two or more tenderers, the contract documents may specify that the In addition, it may be used in the supply of higher technical terms either in the tender offering the lowest price, on the basis of the relative weight of each criterion, as shown by the percentage ratio between them in the documents of the contract. In the event that the equivalent tenders have the same price, the contracting authority/entity shall invite all tenderers who have submitted the tenders in writing on the same terms to submit, within a reasonable period of time determined by the competent authority, An institution in the invitation to tender and which may not be less than five (5) and more than ten (10) days, a credit offer in a sealed envelope and a sponsor shall be proclaimed by the tenderer who, on the basis of the improved On the basis of the information provided by the Commission, the Council adopted a common position on the proposal for a European Parliament and Council regulation. If, after the contraa, no successful tenderer, the contracting authority, the contracting entity shall choose the contractor by drawing lots. The procedure and the terms of the draw shall be laid down in the Presidential provisions of Article 172.
4. When the award criterion is the lowest price,
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Tenders are considered to be tenders with the same exact value. In the case of equal tenders, the contracting authority/entity shall invite all tenderers to submit tenders in writing to submit, within a reasonable time-limit set by the institution in question, the relevant invitation and which does not It may be less than five (5) and more than ten (10) days, an improved financial contribution to a sealed envelope and a sponsor shall be recovered. If, after the procedure, the contracting authority/entity chooses the contractor by drawing lots, the contraaing authority/entity shall select the contractor. The proceedings and the terms of the draw shall be laid down in the Presidential provisions of Article 172.
Article 164 Disclosure and evaluation procedure
Tenders in the open procedure with the most advantageous tender criterion
Financial terms offer
1. In the open procedure, where the award criterion is the most economically advantageous tender, the procedure for the opening and evaluation of tenders shall be carried out in accordance with the following paragraphs.
2. The opening of the file of the supporting documents shall take place on the day and time when the documents of the contract are laid down.
3. The opening of the supporting documents shall be made public, in the presence of the tenderers or the representatives of their representatives. Those who are invited to attend shall take note of the participants in the award procedure and the data submitted by them. The documents of the contract shall specify the procedure for the access of the tenderers to the supporting documents in accordance with Article 34. After the opening of the file of the supporting documents, the institution responsible shall make the registration of the tenderers, the candidates who have submitted and the results of their inspection in a practical form.
4. In an next closed session, which shall be carried out either immediately, immediately after the end of the public meeting referred to in paragraph 1, or in a subsequent day, the opening of the tender techniques shall be carried out. This procedure shall be checked by the occupant-their and their regularity, followed by their marks. In the event of an agreement between the technical experts on the terms of the contract documents, the institution shall propose the exclusion of the applicant from the follow-up of the procedure and shall adopt a decision to reject the technical tenders. And the extent to which the technical offers accepted are accepted.
5. The results of the stage of control of the di-and evaluation phases of the technical offer shall be validated by the decision of the contracting authority/entity which is notified by the contracting authority of the contracting authority. The contracting entity to the tenderers.
6. The contracting authority/entity invites tenderers whose technical offers
Were deemed acceptable, to come to a specific date and time for the opening-up of economic tenders. Eco-friendly offers of tenderers whose technical offers have not been found not to be sealed off, but are returned.
7. The opening-up of financial offers shall be made in the presence of the tenderers invited in accordance with the preceding paragraph. The following is the check of completeness and regularity of the financial offers and the classification of tenders analogous to the contract award criterion. The procedure shall be completed by the drawing up of the competent body.
Article 165 Disclosure and evaluation procedure
Requests for participation and tenders in the restricted procedure with the award criterion
Economically advantageous tender.
1. In the restricted procedure, where the award criterion is the most economically advantageous tender, the procedure for the opening and evaluation of requests for participation and tenders shall be determined in accordance with the following paragraphs.
2. The opening of the file of the supporting documents shall take place on the day and time when the documents of the contract are laid down.
3. The opening-up of the supporting documents during the first stage of the restricted procedure shall be made public, in the presence of the candidates or the legal representatives of their representatives. Those who are entitled to attend shall take note of the participants in the award procedure and the data submitted by them. The documents of the contract shall specify the procedure for the candidates' access to the right to participate in accordance with Article 34.
4. After the opening of the file of the franchisor, the competent body makes the registration of the candidates, in the control of the applicants who have submitted and to mark the applicants' requests, on the basis of The qualification criteria set out in the documents of the contract, in accordance with paragraph 3 of Article 68.
5. The results of the stage of the control of the di-and instructions referred to in paragraph 1 and pre-selection shall be recorded in a relevant report, which shall be validated by a decision of the contracting authority/entity, which shall be notified accordingly. To the extent of the contracting authority/entity to the tenderers or candidates.
6. The contracting authority/entity shall recruit the candidates selected for tenders in the second stage of the restricted procedure.
7. After the submission of tenders during the second stage of the restricted procedure, the contracting authority/entity invites tenderers to attend the public opening meeting of the technical offers, at the date and time when the tenders are issued. An invitation to do so. In the case of a closed session, which shall be carried out either at the end of the day, at the end of the public meeting of the
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The first subparagraph of Article 3 (2) of Regulation (EEC) No 7367/ EC is to be applied in accordance with the procedure laid down in Article 3 (1) of Regulation (EEC) No 7367/ EC. In the event of an agreement between the technical experts on the terms of the contract documents, the institution shall propose the exclusion of the applicant from the follow-up of the procedure and shall draw up a practical report on the rejection of the technical tenders. Accepts and the marking of the accepted tenders shall be accepted.
8. The results of the stage of the evaluation of the technical offer shall be validated by a decision of the contracting authority/entity, which shall be communicated by the contracting authority to the tenderers.
9. The contracting authority/entity shall recruit the tenderers whose technical specifications have been deemed to be admissible, to reach a date and time for the opening-up of economic tenders. Financial offers of tenderers whose technical offers have not been found to be accepted are not sealed, but are refunded.
10. The opening-up of financial offers shall be made in the presence of the tenderers invited in accordance with the preceding paragraph. The following is the control of the completeness, legality and candidature of financial offers and the classification of tenders according to the contract award criterion. The procedure shall be completed by the drawing up of the competent body.
Article 166 Procedure for the opening and evaluation of tenders at one stage of the award criterion
The lowest value of the
1. In the open procedure or in the second stage of the restricted procedure, where the award criterion is lower and the submission of a technical offer is not foreseen or the submission and only control of completeness and regularity are provided for. In accordance with the following paragraphs, the procedures for the award of the contract documents, the procedure for the opening and evaluation of the tender procedure, shall be conducted in accordance with the following paragraphs.
2. The opening-up of the supporting documents and the financial offer shall be made public, in the case of the tenderers or by their representatives. The competent body shall, first of all, carry out the audit and evaluation of the financial offers and then check the case-and-use events in order of decreasing order. In a closed session, which shall be carried out either immediately after the end of the public meeting referred to in the first subparagraph or in a subsequent day, the completeness and regularity of the technical offer of the tenderer shall be sealed and checked. It has provided the lowest price, since the audit of the documentation submitted by the Commission has been positive. If the technical offer is considered to be flammable or non-normal, it shall be withdrawn and checked against the above-mentioned technique by the tenderer who has presented it immediately with a lower price and so on.
3. After the end of the procedure in paragraph 2,
The institution responsible shall make the entry in minutes of the tenderers, the supporting documents, the financial offers and the results of the audit and the evaluation thereof, and the technical or technical offers which have been obtained; The results of the audit of the control of their wealth and regularity have been established in order of decreasing seriousness.
4. After the completion of the procedure for supporting documents, the evaluation of the economic supply and the control of the completeness and regularity of the technical or technical offers, in accordance with the previous In writing, the contracting authority/entity shall give in writing the first one in a classification, to which the award is to be made ('temporary contraaor ') to submit the evidence of conclusion in accordance with Article 168.
5. The results of the audit of the supporting documents, the evaluation of the financial contribution and the verification of the completeness and regularity of the technical offer of the first bidder, in accordance with paragraphs 2 to 4 and of -the award of the supporting documents, in accordance with Article 168, shall be confirmed by the decision on the award of Article 170.
6. Those who are entitled to attend the tender procedure shall take note of the participants in the tender procedure and the tenders submitted by them. The documents of the contract shall specify the procedure for applying the tenderers to the supporting documents in accordance with Article 34.
Article 167 Disclosure and evaluation of applications for participation in the process
Negotiation with publication of a notice or a competitive dialogue
1. In the negotiation process with the publication of a contract notice or a competitive dialogue, the procedure for the adjustment and evaluation of applications for contracts and tenders shall be carried out in accordance with the following paragraphs.
2. For the opening-up of the file of the supporting documents during the first stage of the operation, in the context of a negotiation or angular dialogue procedure, paragraphs 1 et to 4 of Article 165 shall apply.
3. The specific conditions for the conduct of the negotiations or of the competitive dialogue shall be laid down in the documents of the contract, in accordance with the provisions of this law. The procedure shall be completed by the drafting of a report by the competent body on the results of the negotiations.
Article 168 Call for supporting documents
The auction
1. After the evaluation of the tenders or the results of the negotiations, at the level
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In Articles 163 to 166, the contracting authority/entity notifies the tenderer in writing, to whom the award is to be made ('provisional per-beam '), to submit within a time limit laid down in the documents of the contract, and cannot be Is less than 10 (10) or more than twenty (20) days from the notification of the relevant document to it, the originals or copies made in accordance with Article 1 of the Law. No 4250/2014 (A ' 74) of all supporting documents in the contract documents, as evidence to meet the qualitative criteria laid down in Article 155. The supporting documents shall demonstrate the fulfilment of the qualitative selection criteria at the time of notification of the written notice referred to in the first subparagraph.
2. The institution responsible shall carry out the control of the award procedures in ten (10) days after they have been added.
3. If no supporting evidence is provided or there are deficiencies in the submission, the provisional contractor shall be provided with a period of five (5) days from the notification of the relevant Secretary-General to the interim contractor. Notification to him. The contracting authority may extend it until such time as it is justified in sufficient detail. In this case, the 10-year deadline for the adoption of the decision on the conclusion of the decision, in accordance with paragraph 8, shall be initiated by the end of the closing date for the right of appeal.
4. If, in the verification of the supporting documents of the former contractor, it is established that the information provided in accordance with Article 155 is false or inaccurate, the interim contraaor shall be declared invalid and shall be forfeit to the contraaing authority. (a) the award of a guarantee to the tenderer, provided that he has been awarded and, without prejudice to the next article, the award shall be made to the tenderer who has placed the payment immediately below the lower price or the value of the goods. (i) the offer of the unsuccessful tenderer without taking into account the offer of the unsuccessful tenderer. If none of the tenderers has provided a true or accurate declaration, in accordance with the terms and conditions of Article 155, the tender procedure shall be terminated.
5. If the temporary contractor does not submit to the pre-determined period of time the original copies or copies issued in accordance with the letters of award referred to in the documents of the contract shall be declared invalid. And shall be forfeited in favour of the contraaing authority/entity, the guarantee of its participation, if it had been added, and the award shall be made to the tenderer who has presented the following lower price or the price thereafter. (i) a bid, without taking into account the tenderer's recent rejection of the tender; . If one of the tenderers does not add one or more of the documents and documents required, the award procedure shall be terminated.
6. If, in the case of the supporting documents of the provisional retrospective provisionally and provisionally, it shall not be shown to be filled by one or more
From the requirements of the qualitative selection criteria in accordance with paragraph 1 and Articles 154-157, the interim contraaor is defaulted and forfeited in favour of the contracting authority/entity, the guarantee of its participation, if it had been added, And, without prejudice to the following Article, the award shall be made to the tenderer who has submitted the tender, with a view to increasing the price or the most economically advantageous tender, without taking into account the tender offered by the tenderer; Was rejected. If none of the tenderers demonstrates that it fulfils the qualitative selection criteria, in accordance with paragraph 1 and Articles 154-157, the award procedure shall be terminated.
7. The contracting authority/entity accepts the already lodged originals or copies of the supporting documents to be submitted in accordance with this Article, if they have already been subject to an earlier procedure. A public contract award, carried out by the same contracting authority/entity, provided that it is in accordance with the terms of the contract documents and is in force.
8. The procedure for checking the supporting documentation shall be completed by the drawing up of the instrument and the transmission of the file to the institution of the contraaing authority/delegate for the award of a decision or of the institution of the contracting authority. Preaching of the temporary contraaor as a representative, either for the cancellation of the award procedure in the parafs 4, 5 or 6 or the award of the contract under Article 170. The decision of the determining producer shall be issued within 10 days of the receipt of the file by the competent body of the award procedure.
9. Those who have submitted admissible tenders receive knowledge of the supporting documents submitted. The notice shall specify further the procedure for the submission of supporting documents and the time for the access of those who have a legal interest in them.
Article 169 Homogenous changes
1. If changes were made to the conditions, the bidders/candidates had indicated that they were in accordance with Article 155, which received or for which the tenderer/candidate took note of the declaration referred to in Article 155 (1); and Until the day of the written notification of paragraph 1 of Article 168, tenderers/candidates are required to inform the contracting authority/entity without delay, and at the latest by the day of its written notice; Graph 1 of Article 168.
2. In the event of an early and appropriate information to the contracting authority/entity for any minor changes within the meaning of the preceding paragraph which have occurred in the person of the former contractor, it shall not be forfeited in favour of the contracting authority; In accordance with paragraphs 4, 5 and 6 of Article 168, the contracting entity may, in accordance with paragraphs 4, 5 and 6 of Article 168, apply, in accordance with paragraphs 4, 5 and 6, the provisions of this paragraph.
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Of which: If this is not the case, it shall be forfeited in favour of the delegating authority/entity of the temporary contractor's guarantee, provided that it had been drawn up in accordance with Article 168 (4), (5) and (6).
Article 170 Decision of award
1. The award decision constitutes an implementing act, in which the achievements of the stage of assessment of the financial offer or the negotiation process, in accordance with Articles 164 to 167, and the stage of control of the justifications, shall be incorporated into the decision. Of the award. This decision shall refer to the timelimits for the suspension of the contract pursuant to Article 182 (3) and paragraphs 2 and 3 of Article 187.
2. The contracting authority/entity shall disclose, in receipt of the award decision immediately, a copy of the minutes of the procedure for checking and evaluating the tenders in each appropriate manner, such as telefax, Electronic mail, etc.), on evidence.
3. The award decision does not produce its legal effects, provided that the contracting authority/entity did not notify it to all the tenderers. The legal effects of the award decision, and in particular the conclusion of the contract, shall be applied either from the impracticable expiry of the time-limit for appeal or by the adoption of a decision on any action brought by Article 182 against the decision. In accordance with Articles 187 and after the Court of Auditors, in accordance with Articles 35 and 36 of the Rules of Procedure, the Court of Auditors shall, in accordance with Articles 35 and 36 of the Rules of Procedure, decide whether or not to adopt interim measures or to adopt a decision thereon. If necessary, 4129/2013 (1 52).
4. After the previous paragraph, the contraaing authority/entity invites the contraaor to sign the contract for the signature of the contract, within twenty (20) days of receipt of the contract. Related written special invitation. At this stage, the contracting authority/entity may, after agreement between the contracting authority/entity and the award of a temporary contractor, reduce the amount offered.
5. If the temporary contractor fails to sign the contract within the time-limit set out in the special challenge, he shall be declared defaulted and the award shall be made to the tenderer who has presented the earlier lower price or the next step. That is an offer from a financial perspective. If none of the tenderers comes in for the signature of the contract, the award procedure shall be suspended.
Article 171 Aborting the award procedure
1. Aborting the award procedure may be made by a specific reasoned decision by the contracting authority/entity, after an opinion;
The competent institution, in the following cases: (a) Due to the irregular conduct of the procedure;
(b) Inasmuch as the award procedure has been expropriated, owing to the irregularity of the irregularity or the irregularity of the irregularity.
The submission of tenders or rejection of all tenders in accordance with Article 162. (c) If the economic and technical parameters which have been
(d) If, as a result of force majeure, it is not possible to carry out a contract with the contracting authority or the contracting authority, it shall not be possible to comply with the contraaing authority.
(e) In the cases referred to in paragraphs 4, 5 and 6 of the ar -
The Committee on the Rules of the Rules of the Committee on the Rules of (f) If the tender is deemed to be non-profitable,
Conomic view. 2. If any errors or omissions are found in the
Any stage of the award procedure, the contracting authority/entity may, after an opinion of the competent body, annul the procedure or form the outcome of the procedure, or decide to repeat it from the point of view. Embolism or omission has been resolved.
3. When the grounds for the cancellation of the procedure referred to in paragraph 1 are met, the contracting authority/entity shall cancel the procedure for the award of public contract for the entire subject of the contract or, where such reasons are Are linked to the contract, the contracting authority/entity shall cancel the procedure for that part of the contract, with a view to the submission of such tenders.
4. If the procedure referred to in paragraph 1 is terminated, the Contracting Authority shall reimburse the bids or requests for participation in the financial statements of the Contracting Authority.
5. The contracting authority/entity shall also retain the right to decide, in parallel with the cancellation or cancellation of the award procedure, and the repetition of any stage of the award procedure, in parallel with the cancellation or cancellation of the award procedure. (iii) the definition of the terms and conditions of the negotiation, where the conditions and conditions of Articles 50, 51 and 105 are fulfilled in the latter case.
Article 172 Arrangements for the procurement of public contracts
1. (a) By a presidential decree, on the proposal of the Minister for Development and Competitiveness, the Governing Council adopts a "Legal Assignment Regulations". (b) Presidential decree, on a proposal by the Y;
(c) With a presidential decree, following a proposal from the United States of America, the Council of Ministers, acting on a proposal from the Commission, adopts a proposal for a Council decision on the conclusion of the Agreement between the European Economic Community and the Republic of Cyprus.
Development and Competitiveness and Infrastructure, Transport and Networks is issued as 'Regulations A-Noting of Public Works Contracts and Technical Projects'.
2. The presidential decrees referred to in paragraph 1
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Shall be adopted following an opinion from the Authority referred to in Article 15 (20), within two months of the entry into force of this law, and their adoption is not a prerequisite for the application of this law. The above provisions set out all the relevant issues relating to the procedures for the award of public contracts, services and works, which are awarded by contracting entities/entities and which are not specifically regulated. Of the provisions of this Regulation. In particular, the Regulations shall regulate in particular:
(1) the minimum content and minimum requirements of the contract dossier referred to in Article 151;
(2) the conditions, conditions for the award of the award procedures, the procedural steps, the qualitative selection and selection criteria;
(3) the deadlines for completion of each stage of the tender procedure, indicative or exclusive,
(4) the special conditions of participation, the right to award certificates for proof of the qualitative selection criteria, the economic, financial and technical or professional competence criteria, and the supporting documents; Permit the communication of technical or financial capacities of third-party economic operators in accordance with Article 156;
(5) the process of drawing up, adopting and amending technical specifications, developing a system of national technical specifications;
(6) the award criteria and the methods of evaluation of candidates;
(7) the conditions for subcontracting in which the definition of a minimum or maximum point of origin and the procedure for the selection of subcontractors are taken;
(8) detailed arrangements for the submission of tenders and tender systems;
(9) detailed procedural steps for the opening-up of tenders until the announcement of the award or direct award of the contract, which are not analysed in detail by the provisions of this law;
(10) the criteria for defining a bid as 'abnormally low', minimum requirements and specifications for the justification of 'abnormally low' offers and conditions and procedures for the rejection of 'abnormally low' economies Tenders;
(11) the conditions for the payment of the guarantees relating to the award stage, the type, the amount, the obligor, the cases of impact, the balance, the total or the total, the time of their return, and any other details concerning the case; The error of the proper conduct of the contract award procedures;
(12) the responsibilities and composition of the collective bodies involved in the award of contracts;
(13) financial penalties, such as, in the case of a criminal clause or a guarantee, excluded in whole or in part,
(14) the issues relating to the setting up and functioning of the collective bodies of the award procedures;
(15) the issues of the anti-trust issues and practices of competition law;
(16) the details of the procedures for establishing the 'low value' contracts with simplified procedures;
(17) the details of the negotiation and competitive dialogue procedures;
(18) the issues of the selection process of the most economically advantageous tender;
(19) the exchange of financial offers (case, free of charge, flat-rate, apologetic);
(20) the issues of the implementation of the right of option and the sub-division of the project into sections,
(21) the issues relating to the appropriateness of the award scheme in relation to the nature and the nature of the contract under contract;
(22) the issues of the implementation of the framework agreements;
(23) the issues of the inclusion of environmental and social measures in the case of public procurement procedures;
(24) the issues of the calculation of the total cost of the life cycle of the project or of the good;
(25) any relevant issue necessary for the application of this law.
3. The "Contract of Contract of Contract Projects" is regulated by, among others, the following issues:
(1) the development of a system of national technical specifications and the registration of technical works, the organisation, operation, administration and management of its website, the structure, the structure, the area and the access to it; Representation-of the parties concerned, the convention with other public or private sectors, as well as the services provided and their business,
(2) cases of application and way of entrustment to the construction control system;
(3) monitoring of the adequacy of the budget, maturity and construction of the project (s-palpitations, archaeology, OKO), the completeness of the study and the wishes and validity of the specifications;
(4) the assessment of the projects in the study, the preparation of the budget study, as contingencies, R&D, and the updating of the budget;
(5) arrangements for the reform of the financial services (discounted, free of charge, flat-rate, a-accounting),
(6) the documentation, control and correction of the tenders (conformity control, FISIM, payment);
(7) delegation of energy performance contracts.
PART-SEVENTH RULES RELATING TO CUSTOMS CLEARANCE
PUBLIC CONTRACTS
Article 173 General principle
In the performance of public procurement, economic operators are obliged to comply with the provisions laid down in the environment sector,
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Labour relations and social protection, imposed by Union law, internal legislation, collective agreements or provisions of international environmental, proactive or industrial law applicable to See Annex II.
Article 174 Conditions for the implementation of the contract
(Article 26 Directive 2004 /18/EC, Article 38 of Directive 2004 /17/EC)
Contracting authorities/entities may provide for special conditions relating to the performance of the contract, provided that these conditions are compatible with Union law and are provided for in the contract notice or the tender documentation or in its documents. ------- These conditions may, in particular, concern social and environmental parameters.
Article 175 Subcontracting
1. Compliance with the obligations of Article 173 by subcontractors is subject to supervision and control by the competent national authorities.
2. Contracting authorities/entities may include sub-contracting documents in accordance with Article 65.
3. Contracting authorities/entities may provide in the documents of the contract that, at the request of the subcontractor, and where the nature of the contract allows it, the contracting authority shall direct the subcontractor directly to the subcontractor for its remuneration; The execution of a service or project, a subcontracting contract with the contractor. In this case, the documents of the contract are set out in the case-law or mechanisms enabling the competent contractor to raise objections to unjustifiable payments.
4. Paragraphs 2 and 3 shall apply to the issue of the main contractor's liability.
5. In the case of works contracts and in the case of the services to be provided in the situations under the direct supervision of the contracting authority/entity, after the conclusion of the contract and no later than the beginning of the contract The contraaor shall indicate to the contraaing entity the name, the contact details and the legal representatives of its subcontractors, which are involved in the works or services in question, to the extent known by the contraaing authority. The timing of the data. The main contractor is required to inform the contracting authority/entity without delay of any changes to this information during the contract, as well as to provide such information on new subcontractors who will Are involved in the execution of these works or services. As long as it is necessary for the purposes of this
In paragraph 6, the information required must be accompanied by responsible declarations by subcontractors as provided for in Article 155 or other appropriate evidence that the contracting authority/entity provides.
The first subparagraph of this paragraph shall not apply to suppliers.
6. With a presidential decree, issued with a proposal by the Minister for Development and Competitiveness, it may extend the provisions laid down in the first paragraph of the preceding paragraph: (a) In the procurement contracts, in the contracts,
(b) To subcontractors of subcontractors, other than those relating to services provided by the contracting authority/entity under the direct supervision of the contracting authority or to suppliers participating in works or service contracts. Contractor. 7. By presidential decree, issued after
A proposal by the Minister for Development and Competitiveness and the Minister for the Ministry of Agriculture may adjust any relevant issues relating to the direct payments of subcontractors, in accordance with paragraph 3, in particular by providing for direct payments to them. Subcontractors, without a request from the latter, and the type of measures referred to in the application of the provisions of paragraphs 3, 5 and 6. It may be limited to the scope of application of these measures either to certain types of contracts or to certain categories of contracting authorities/entities or economic operators or high-value contracts.
Article 176 Substitution of subcontractor
1. The contracting authority/entity may include in the contract documents a subcontractor clause declared in the tender.
2. Substitution of subcontractor may be carried out at any stage of the contract award procedure or execution.
3. In the event that the contraaor had invoked the technical or financial capacity of the contractor, in accordance with Article 156, the replacement of the latter may only be permitted if, in the case of the new subcontractor, there is no The reasons for the exclusion of Article 153 and shall have the same or higher levels of technical or financial capacity of Article 154 with the subcontractor.
Article 177 Modification of public contract
1. Any substantial modification of the provisions of a contract or a framework agreement during its term shall be considered as a new award for the purposes of the present law. In this case, a new award procedure is required in accordance with the provisions of this law.
2. Any modification of a contract or a framework agreement during that period shall be deemed to be substantial within the meaning of paragraph 1 if it substantially differentiates the nature of the contract or the framework agreement concluded initially. In any event, in accordance with paragraph 3, an amendment shall be considered as relevant if any of the following conditions are met: (a) The amendment introduces conditions which, if
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They were part of the initial award procedure, would have led to the participation of different candidates from those initially selected or to the acceptance of another offer from the one initially selected or would attract additional participants in the process. (b) The amendment changes the economic balance
(c) The amendment significantly extends the nature of the contract or the framework agreement to the contractor in a manner which is not foreseen in the initial contract or framework agreement.
The economic impact of the contract or the framework agreement.
3. The amendments shall not be considered essential, within the meaning of paragraph 1, if they were included in the original documents of the contract in the form of clear, accurate and explicit clauses or revising possibilities. Such clauses shall define the scope and nature of any amendments or possibility of a visa, and the conditions under which they may be used. They do not provide for any way of revising or revising a review which would alter the overall nature of the contract or framework agreement.
Article 178 Regulations for the performance of public contracts
1 a. With a presidential decree, following a proposal by the Development and Competitiveness Council, a 'Implementation of the procurement rules of the procurement contracts'. With a presidential decree, upon a proposal by the Y -
Department of Infrastructure, Transport and Networks, Issue of Public Works Councils. C. With a presidential decree, on a proposal from the Y -
Development and Competitiveness and Infrastructure, Transport and Networks Section is published "Regulation E-acquisition of Public Works and Study of Technical Projects".
2. The Presidential Provisions referred to in paragraph 1 shall be adopted following an opinion from the Authority referred to in Article 15 (20), within six (6) months after the entry into force of this law, and their adoption is not a prerequisite for its implementation. The above-mentioned provisions set out all relevant issues relating to the implementation of public procurement contracts, services and works, which are awarded by contracting authorities/entities, and are not specifically regulated by the provisions. Of the present. These rules shall in particular set out:
(1) the minimum content of the contracts, (2) the general and specific training conditions,
(3) the rules governing receipt, termination and termination of contracts;
Payments, payments, rebates or submission of the contractor and associated penalties;
(4) the collection of the rights of the Court and the liability of third parties;
(5) the financing, (6) the amount of the advance on the contractual basis;
In addition, the Governing Council of the European Central Bank (ECB), acting as a member of the Governing Council of the European Central Bank, shall act as a member of the Governing Council of the ECB.
(7) the conditions for the payment of the guarantees relating to the stage of implementation, the type, the amount, the obligation, the incidence, the total or the total, the time of their return and any other details concerning the Ensuring the proper implementation of the contract;
(8) the responsibilities and composition of the collective bodies involved in the implementation of the agreements;
(9) any other administrative penalty to those who do not fulfil their legitimate obligations;
(10) the procedure, the institutions, the instruments, the procedural rules, the deadlines and the pre-judicial dispute settlement procedures;
(11) the Court of Justice and the law applicable, (12) any relevant issues relating to safeguarding
The proper implementation of the contract. 3. In the " Contract Execution Regulation
Projects' are regulated by, inter alia, the following issues:
(1) the rates of general expenses and benefits which are, if applicable,
(2) the obligations of the joint concession holders, (3) the issues of the various deadlines; (4) the obligations and actions of the institutions;
(5) the contractor's residence and representation;
(6) compliance with the project calendar, (7) the imposition and forfeiture of criminal clauses;
The inclusion of an additional payment clause (pri) to the contractor for faster than the time-limit for the completion of the project or part thereof;
(8) the non-payment of the advance guarantee, the return of any inseparable part of the advance payment following the termination or expiry of the contract in any way;
(9) the measurement of the work and the persons liable for the measurement;
(10) the certification and payment of the work and their accession;
(11) the application of the revision of the prices and, in particular, the method of determining the basic prices, the arrangements for this finding, the way in which the revision of the materials certified before being incorporated or for the other Work, the limitation of the revision in the cases given to the contraaor or machinery from the project or the exemption from the review of the Contractor by any reason,
(12) the discharge of the operations, (13) the modifications to the budget;
(14) procedures for the finding of defects and the approval of the new work unit, (14)
Losses, the reduction of the contractor, the determination of the losses due to the hyperactivity of the owner of the project and losses due to force majeure, the contract of the manufacturer of the project for the correction of defects, the continuation of work after the deduction,
(15) the cessation of works and the dissolution of the events;
(16) the value of the materials used and the revaluation of the installations in the event of dissolution of the contract;
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(17) the deadlines for the receipt of the project, temporary and definitive, the manner in which the receipt is carried out, the consequences of the time-limit for receipt, the issues connected with the administrative acceptance and, where appropriate, the receipt of the goods. The project, the issues relating to the drawing up of the project's measurements and any imposition on the per-structure of specific criminal clauses or other consequences for delay of measurements,
(18) the determination of the maintenance time, the arrangements for the maintenance of the works by the contractor,
(19) the use of the project prior to receipt, the limits, the mode and type of the guarantees, the state of the deductions with guarantee letters, the performance or forfeiture of the guarantees and the letters of letters;
(20) the procedure, the institutions, instruments, procedural rules, deadlines and procedures for the settlement of disputes;
(21) any relevant issue to ensure the proper implementation of the contract.
PART EIGHTH RULES CONCERNING THE LEGAL PROTECTION AGAINST THE CONCLUSION AND ENFORCEMENT OF PUBLIC
CONTRACTS
Article 179 Scope
1. The provisions of this Part shall apply to the differences mentioned: (a) In the preceding procedure,
The public contracts of the present law by the competent authorities referred to in Article 18 and contracting entities referred to in Article 19, and (b) in the performance of its public procurement
Of this law, except those excluded in accordance with Articles 26 to 30, 103 and 104 of this Regulation. The contracts referred to in this paragraph shall include:
In the case of loans, projects and services, framework agreements, dynamic purchasing systems, public works concessions, and the service contracts referred to in Article 31 (3) and Article 32 (3).
2. Paragraph 1 shall also apply to contracts entered into by the central authorities before the first indent of Article 20. Where reference is made to the contracting authorities/entities in this Part, the reference shall also be taken by the central authorities.
TITLES OF THE PROCEDURE FOR APPEALS AGAINST THE CONCLUSION
PUBLIC CONTRACTS
Article 180 Types of legal protection
Any economic operator concerned, who has or has been charged with a specific public contract under Article 179 and has been or has been subjected to a breach of the law of the European Union or of the internal market, has been or has been committed to it. Legislation,
Shall be entitled to request, in particular in the following Articles: (a) interim measures to rectify the allegation;
(b) annulment of the illegal act of the contraaing contraa, or in order to prevent further damage
Beginning/of the contracting entity or signed contract; and (c) compensation for compensation.
SECTION FIRST LEGAL PROTECTION AT THE CONCLUSION
CONTRACTS
ON THE BASIS OF THE UNIFORM INDEPENDENCE OF THE PUBLIC AUTHORITIES/OTHER BODIES
AND THE COURT OF JUSTICE
Article 181 No instruments
1. The Authority referred to in Article 15 (20) or other body designated by the Presidential Decree of the President of the Court of Justice of the European Union shall, in the first and last instance, decide on the actions referred to in Article 182 for the annulment of acts or omissions; The contracting authority/entity or the central authority of the contracting authority. The Authority or other body designated by the presidential decree referred to in paragraph 2 of this paragraph shall be responsible for deciding on the actions in question, provided that the following conditions are met: (a) Proceedings relate to public contracts with -
Value higher than the amount of sixty thousand (60 000) euro, which does not include VAT. (b) Appeals shall not apply to public contracts;
To be concluded by the Authority or by another body designated by the Presidential dimension referred to in paragraph 2 of paragraph 2 as contracting authorities.
2. With a presidential commission, issued after an opinion by the Authority with a proposal of the Ministers for Development and Competitiveness, Infrastructure, Transport and Networks and the competent Minister's case, the amount referred to in paragraph 1 may be adjusted; and The Authority or other bodies may be entrusted with the examination of appeals for the annulment of acts or facilitation of the contracting authorities/entities, or of central authorities, relating to the categories of contracts referred to in paragraph 1 or of a charge; In addition to these.
3. The Governing Board of the seat of the contracting authority or the contracting entity or the central authority, in tripartite composition, shall be responsible for the final score and the final point for the hearing of applications for interim measures and applications for revocation. The authority referred to in paragraph 20 of Article 15, or any other body designated by the presidential decree referred to in paragraph 2 of this Article, shall be adopted in accordance with paragraph 1 of this Article. By way of exception, the Council of State shall be responsible, first and last, for the hearing of applications for policy measures and applications for annulment of the Authority's decisions referred to in paragraph 20 of Article 2 or of another body designated by it. President-in-Office of the Council.
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(a) public contracts awarded by contracting authorities with an estimated value calculated in accordance with Article 25 above the sum of EUR 15 million (EUR 15 million) to which it is not included; (b) high value contracts awarded by contracting entities, (c) concessions for public works or services, as well as public-private sector contracts. Council Regulation (EC) No 3389/2005 (1 232) and (d) public procurement in accordance with the provisions of the Law. 3894/2010 (1 204). For the purposes of this paragraph, the provisions of this paragraph shall apply (8) (8).
Article 182 Actions before the Authority/other institution
1. The economic operator concerned must, within a period of ten (10) days, after having received full knowledge of the illegal act or omission by the contracting authority/entity or by the appointing authority, to lodge an appeal and appeal. The Authority or another body designated by the Presidential dimension referred to in Article 181 (2), with simultaneous notification to the contracting entity or the contracting entity or the Central Authority, by submitting a complete dossier, where appropriate; The legal and actual reasons justifying its request are specifically addressed. The application referred to in the preceding subparagraph shall be sought for the annulment or modification of the act or omission by the contracting authority/entity or by the central authority of the contracting authority. For the purposes of applying this paragraph, the full means of knowledge of the act adversely affecting the interests of the economic operator concerned and of its reasons. In particular for the exercise of an appeal against a declaration or invitation, the full knowledge shall be demonstrated by acknowledgement of receipt or sending it to the tenderer/candidate and, in the absence of such a certificate, shall be deemed to have taken place in the instrument of the journal. A period from the start of the procurement procedure referred to in Article 37 until the deadline for the submission of applications/applications, as laid down in the documents of the contract.
2. For the admissibility of the action referred to in paragraph 1 shall be lodged, the amount of the amount shall be fixed in proportion to the amount of the VAT, the estimated value of the contract to be awarded in an orderly manner and with a certain maximum amount. And the threshold amount in respect of the amount paid. The threshold may not be less than EUR 200 (EUR 200) and the ceiling may be higher than ten thousand (10,000) euro. In the case of a percentage calculation of the infringement, the percentage may not exceed 1 % of the estimated value of the contract. The reserve may be calculated in different ways and at a different level depending on whether it is a high or low value contract within the meaning of Article 23 (2) and (4) instead. If the contract documents provide a tender for a single contract only, the level of the infringement shall be calculated on the basis of the contract, without taking into account the value of VAT.
(b) the value of the contract or the value of the contract for which the applicant is involved. The reason for this paragraph is the revenue of the State Budget. By a presidential decree issued on a proposal by the Ministers for Economic and Justice, Transparency and Human Rights, the level of the infringement shall be determined by reference to the level of the infringement, the ceiling and the threshold of the infringement. Manner and time for the submission and recovery of the infringement, the manner in which it has been received, any performance, in the event of total or partial acceptance of the appeal, or in the event of resignation by the applicant before the debate; (Parliament adopted the In the event that the estimated value of the contract under contract is not known at the time the appeal is made, and the possibility to request the payment of the difference in the case of the contract is provided for in the course of the proceedings. Where, during the procedure for hearing the application, it is established that the amount of the infringement was very low.
3. The deadline for the application of that article and its exercise prevented the conclusion of the contract. For the rest, the review exercise does not impede the progress of the tendering procedure, without prejudice to the adoption of the Article 183 (2) act.
4. The appeal shall be notified by the care of the person concerned by any person affected by any total or partial admission of the person or agent or his representative. Failure of a Member State to fulfil its obligations-Failure to fulfil its obligations
5. The notification of the appeal to the contracting authority/entity or the central authority referred to in paragraph 1 shall be effected by any appropriate means, in accordance with Article 36 of the present Agreement, in accordance with Article 36 of the present Agreement, By telefax, with the electronic media and the telephone under the conditions laid down in Article 36 of this Regulation. Within 10 days of the lodging of the appeal, the contracting authority/entity or the central authority shall, if it has been designated as referred to above, send to the authority or body designated by its presidential decree Having regard to the Treaty establishing the European Economic Community, and in particular Article 181 (2) thereof, In the event of the dispatch of a dossier by the contracting authority/entity or the central authority before the contracting authority, the authority/other body designated by the Bureau referred to in paragraph 2 of Article 181 may conduct a reference to the oral procedure. The contracting authority or the contracting entity or the central authority for the actual basis of the claims of the applicant. The same establishment may be considered to be, where a number of elements have been sent by the contracting authority/entity or the central authority of the contracting authority, as the authority/other body designated by the Presidential dimension referred to in paragraph 2. Article 181 may decide that it is incomplete and is not sufficient to justify the basis of the alleged causes. The Authority/other body referred to in Article 181 (2) of the Treaty shall, in any event, be subject to conditions and where it considers that the failure to act
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The Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, and the Court of Justice of the European Communities, Contracting entity. The amount of this sanction may not be less than five hundred (500) or more than five thousand (EUR 5 000) and is paid once for each stage of the award procedure, and the revenue of the State Budget is not revenue. At the request of the Minister for Economic Affairs, the way and time for the deposit and collection of the financial penalty, the method of proving its collection and any other necessary details, shall be determined by the Minister for Finance.
6. An appeal shall not be allowed to be brought in, in whole or in part, a person's appeal.
Rule 183 Procedure for taking a decision
Of the Authority/other institution
1. The Authority/other body designated by the presidential decree referred to in Article 181 (2) shall take its decisions after a procedure has been conducted in the opposite direction. The Authority/other body designated by the presidential decree referred to in Article 181 (2) shall establish an act of the President of the day and of the day-to-day review of the action, as well as the time-limit for the call of the parties. The date of recovery must not be more than forty (40) days from the date on which the appeal is brought, and the time-limit may not be less than fifteen (15) days. A copy of the application shall be notified by the applicant to the department responsible for the receipt of tenders, which shall inform the contracting authority and the contracting authority or the central authority of the application. If the service and contracting authority/contracting authority or contracting authority do not comply, and to any third party interested in the call, the authority or body designated by the presidential decree referred to in paragraph 2 shall be deemed to be necessary. Article 181. Any interested party affected by the agreements shall be entitled to exercise a contract. The participating parties are required to provide all the relevant documents and other evidence in their case, within a time limit set by the decree issued pursuant to paragraph 7 of the order.
2. The Authority/other body designated by the presidential decree referred to in paragraph 2 of Article 181 may, with the lodging of the appeal and after a call from the contracting authority/entity or body of a pre-morphed authority, three (3) days, Ex officio or on request, an act entered under the application and containing the provisional measures to be taken until the decision is adopted, such as the suspension of the progress of the procedure. It may also order the removal of the ban on the conclusion of the contract, provided that the action is manifestly inadmissible or is manifestly unfounded, for which a mere reference is sufficient. The Act
May be withdrawn by the authority/other body referred to in the presidential decree referred to in paragraph 2 of Article 181 at the request of the contracting authority or the contracting entity or the central authority and after having been invited to be heard by the applicant. 3 (3) days.
3. The decisions of the Authority/other body designated by the presidential decree referred to in paragraph 2 of Article 181 shall be given in writing, in particular, in the specific provisions of the provisions adopted pursuant to paragraph 7.
4. The authority/other body designated by the presidential decree referred to in paragraph 2 of Article 181 shall be determined on the basis of the facts and the legal objections to the action in relation to the provisions of this law, the other internal The Court of Justice of the European Communities and the Court of Justice of the European Communities, and the Court of Justice of the European Communities, and the Court of Justice of the European Communities, and the Court of Justice of the European Communities, and the Court of Justice of the European Communities. In the event of acceptance of the action, it shall cancel, in whole or in part, the unlawful act of the contracting authority/entity or of the central authority, or shall impose the explicit action due. The decision on appeal shall be issued within a period of 20 (20) days from the hearing. The application may be dismissed if, by the extent of the injury to the applicant, of the interests of third parties and of overriding reasons of general public interest, it is considered that the negative effects of the applicant will be more serious than that of the Benefits of the applicant. The rejection of the application for any reason is without prejudice to other rights of the applicant. The operative part of the decision, signed by the President, the members and the Registrar, shall be issued at a time limit of seven (7) days following the appeal or, if the time has been given, to the parties to make use of the appeal or to (i) the submission of a complaint by the end of the deadline. The deadline for the parties does not, however, exceed three (3) days after the hearing.
5. Contracting authorities/entities or the national authorities shall comply with the decisions of the authority/other body designated by the Presidential dimension referred to in Article 181 (2) and shall either continue the procedure or withdraw them; or They shall, in appropriate cases, determine the administrative act which, in the case of the dispute before the authority/other body designated by the presidential decree referred to in Article 181 (2) or, in the case of an omission, shall issue an express express act, without prejudice to the Prejudice to the decisions of the Authority/other body designated by its Presidency Paragraph 2 of Article 181 before the competent court in accordance with Article 181 (3).
6. The decisions of the Authority/other body designated by the Presidential Decree of paragraph 2 of Article 181 shall not be revoked or amended by the administration and shall only be challenged before the competent Court of Justice in accordance with paragraph 3 of Article 181 and Article 186.
7. By a presidential decree, issued after an opinion by the Authority, following a proposal by the Ministers for Development and Competitiveness, Infrastructure,
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In the case of the Court of Justice and the Court of Justice, the Court of Justice and the Court of Justice, the Court of Justice and the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice and the Court of Justice of the European Court of Justice of the European Union and of the Court of Justice of the European Union In the case referred to in paragraphs 1 and 2 of Article 181, and in particular: (a) the procedure before it, including
(b) the definition and function of the institution, the definition and the role of rapporteurs, and the procedural and technical aspects of the procedure, the language of the institution, the definition and the role of the rapporteurs; Issues:
Concerning the lodging of appeals and the documents and notices of documents, as well as the call of the parties, their representation at the time of the Court of First Instance/other body, including issues of power of attorney; (c) the minimum content of the action, the minimum content of the appeal, and the procedure for the exercise of the right of establishment;
(d) the procedure for hearing the documents and the details of the file, the formation of a physical and electronic file, d) the procedure for hearing the parties and the experts
Rules for the proceedings before the authority/other party, the procedure for discussing the appeal, the proceedings, the repetition and removal of the proceedings, the submission of the parties by the parties, (e) the means and the rules of evidence, and in particular the potential;
(f) the specific rules for the adoption of decisions by the Council and the Commission;
The Authority/other body, including the possibility of meeting and taking decisions in the areas or regional annexes, numbers and composition, rules of conduct and meeting place, g) experts Rules on issue and publication
Having regard to the decisions of the Authority/other institution, (h) the exclusion of the members of the Authority/other institution;
(i) the performance of the decisions of the Authority/other institution; and the preparation of the decisions of the authorities/other institutions and the minutes of the meetings;
(a) correcting the decisions of the Authority/other;
Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,
Of the contested act or decision, resignation from the appeal, death or termination of the legal persons, revocation, cancellation or amendment of the act or decision, and any other relevant details. Pending the adoption of the above Presidential decree, the provisions of the Presidential Decree 122/2012 (A΄ 215) and 123/2012 (1 216) remain in force.
Article 184 Judicial protection against decisions
Of the Authority/other institution
1. The person concerned shall be entitled to ask the competent Court of Justice, as set out in Article 181 (3), to take interim measures to rectify the alleged infringement; or
In order to prevent any further damage from the decisions of the Authority/other institution designated by the President-in-Office referred to in Article 181 (2), which are to be given in accordance with Articles 182 and 183, and the annulment of those decisions, (ii) the rule of law of the European Union or of internal legislation relating to the procedure prior to the conclusion of the contract.
2. Without prejudice to the more specific arrangements set out in this Article, the provisions of this Article shall apply in order to adjuvate the provisions of paragraph 18 (1).
3. By way of exception to the provisions of Bd 18/1989, the exercise of a request for suspension does not depend on the prior exercise of the request for revocation and has been lodged within a period of ten (10) days from the date of the decision of the Authority/other. The Committee of the Rules of Procedure, the Committee on the Rules of Procedure, the Economic and Financial Committee and the Committee of the European The time-limit for the application for suspension shall prevent the conclusion of the contract, unless, by means of a provisional order issued at the time of the application. Article 52 of the first paragraph of Article 52 of the first paragraph of Article 52 of the Statute of the Court of Justice or the jurisdiction of the Court of Justice of the European Communities. At this time, the contested decision of the institution/other body designated by the Presidential Decree of Article 181, provided that it allows the contract to be established, is suspended and enforced. On the other hand, the exercise of the remedies provided for in Law 18/1989 does not prevent the progress of the tendering procedure, unless otherwise provided by the provisional order issued in the preceding paragraph.
4. The time-limit for the exercise of the remedies shall be interrupted by the lodging of the application for suspension and commencing on the performance of the decision. The party in favour of this grant is required, within a period of thirty (30) days after service of that decision, to exercise the legal aid, otherwise the validity of the suspension shall be automatically lifted. The case for its hearing must not be less than three months from the case referred to in paragraph 1.
5. The provisions laid down in para graph 18/1989 may not contain any objections other than those of the action brought before the authority/other body designated by the President-in-Office referred to in paragraph 2 of that Article. 181.
6. Where the provisions laid down in para graph 18/1989 are a remedy, the applicant shall immediately inform the other parties and the authority/other body referred to in Article 181 (2) of Article 181 with each appropriate instrument, in accordance with the provisions of Article 18 (2) of the Treaty. Article 36, such as the letter, telefax, electronic media and telephone under the conditions laid down in Article 36. In any event, within ten-five (15) days, the authority/body designated by the presidential decree referred to in paragraph 2 of Article 181 shall, in so far as it has been notified, send the Court, with each appropriate instrument, to the Court of Justice. A complete dossier with the documents and particulars submitted.
7. A copy of the relevant documents shall be communicated by the applicant and to the authority/other institution appointed in accordance with paragraph 2 of Article 181, in order to exercise its powers.
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Of her. 8. If the request for suspension is accepted, the
The contracting entity or the contracting entity or the central authority may comply with the operative part of the decision or the content of the decision in general or to amend or amend the administrative act which has caused the dispute or, in the absence thereof, Issue the outstanding express transaction. In this case, in the case of the main aid which has been exercised, par. Article 32 (2) of the first paragraph of Article 32 of the EEC Treaty.
9. Without prejudice to Article 182 (3) and Article 190, if the court annuls a decision of the authority/other body designated by the presidential decree referred to in Article 181 (2), which may be allowed to enter into a contract, After the conclusion of the relevant contract, the last one shall be without prejudice, unless prior to its conclusion the award procedure has been suspended by a decision on a request for suspension or with a provisional order. In such a case, the person concerned shall be entitled to claim compensation in accordance with Article 191.
10. If the person concerned has not exercised or has failed to fulfil an application for suspension and the contract signed and completed prior to the meeting of the principal aid officer, it shall be applied for the purposes of paragraph 1. Article 32 (2) of the first paragraph of Article 32 of the EEC Treaty.
Article 185 Non-signature of contract
The signature of the contract by the contracting entity or the contracting entity or the central authority in breach of the provisions of Articles 182 and 184 shall not be contrary to the provisions of Articles 182 and 184, nor shall it prevent the provision of appropriate legal protection.
SECTION TWO JUDICIAL PROTECTION AT THE CONCLUSION OF PUBLIC CONTRACTS EXCLUDED
OF THE AUTHORITY OF THE AUTHORITY/OTHER ORGANISATION AS A REFUGEE ORGANISATION
Article 186 The competent court
1. The Court of Justice of the Court of First Instance, except for the differences in Article 190 (3) and the differences in Article 191, shall be the Governing Board of the seat of the contracting authority/entity, in ri - The composition, which shall act as a matter of course.
2. In the case of contracts with an estimated value equal to or less than sixty thousand (60,000), without the inclusion of VAT, applications for policy measures in this section shall be avenged by the President of the Board of Appeal of the Board of Appeal. The place where the contracting authority/contracting authority or the applicant has its seat. In the case of particular importance of the case, the President or the appellant may enter the request to the three-member Council of the Court of Justice, to which the
The President of the Court of Appeals is acting and the President of the Court of Appeals is involved.
3. Except for the provisions of the preceding two paragraphs, differences in this paragraph, other than the differences in Article 190 (3) and the differences in Article 191, concerning: (a) public contracts awarded by contracting authorities; Estimated value, calculated according to Article 25 of this Act, above the amount of EUR-5 million (15.000.000) euro, including VAT, (b) high value contracts awarded by contracting entities; Of public works or services, as well as public-private partnerships; The area of n. Council Regulation (EC) No 3389/2005 (1 232) and (d) public procurement in accordance with the provisions of this Regulation. 3894/2010 (1 204), adopted by the Council of State.
4. Without prejudice to the provisions of Articles 186 to 191, the provisions of paragraph 18/1989 shall apply in respect of disputes of the preceding paragraphs.
5. The courts which are competent in the general provisions shall continue to adjuvate the differences in Article 190 (3) and Article 191.
Article 187 Application for interim measures
1. The person concerned shall be entitled to ask the competent court in accordance with the procedure laid down for interim measures to rectify the alleged infringement or to prevent further damage. The application for interim measures shall be directed against the decisions of the contracting authority/delegated entity or the central authority or authority referred to in paragraph 20 of Article 15, or of another institution designated by the presidential decree of paragraph 2. Article 181, where that authority/other institution designated by the President of the Court of First Instance in Article 181 shall enter into public contracts as a contracting authority and shall be lodged with the competent court within a period of ten (10) days after the expiry of the period laid down in Article 181. Has received full knowledge of the act or omission of the contraaing authority/ana The central authority, the Central Authority or the Authority referred to in paragraph 20 of Article 15 or of any other institution designated by the presidential decree of paragraph 2 of Article 181, where that authority/other body designated by the presidential decree Article 181 of paragraph 2 shall conclude public contracts as a contracting authority. For the purposes of applying this paragraph, the full means of knowledge of the undertaking which adversely affects the interests of the person concerned and the reasons for it.
2. For public contracts with an estimated value of over sixty thousand (60,000) euro, without the consideration of VAT, the deadline of ten (10) days of the preceding paragraph and the application of the application for interim measures The contract, unless the competent judge decides otherwise by giving a provisional order. On the other hand, the application of an application for interim measures does not impede the progress of the tendering procedure, unless otherwise specified in the provisional order issued by the Commission.
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Referred to in paragraph 7. 3. For public procurement, the estimated value of
Or less than 60 000 (60,000), without the consideration of VAT, the deadline of 10 (10) days referred to in paragraph 1 shall prevent the conclusion of the contract, except in the case of the provisional order issued pursuant to paragraph 7. Rule otherwise. For the rest, the application of an application for safety measures shall not impede the progress of the tendering procedure, unless otherwise specified in the order issued pursuant to paragraph 7.
4. For the admissibility of the application of the application for security measures referred to in paragraph 1, paragraph 1 shall be lodged, the amount of which shall be fixed in proportion to the value of the VAT, the estimated value of the contract by way of contract; and (iii) a maximum and lower limit in respect of the total amount. The threshold may not be less than 200 euro (EUR 200) and the ceiling may be more than 50 000 (EUR 50 000). In the case of a percentage calculation of the infringement, the percentage shall not exceed 1 % of the estimated value of the contract. The margin may be calculated in a different manner and at a different level depending on whether it is a high or low value contract within the meaning of Article 23 (2) and (4) respectively. In the event that the contract marks the possibility of submitting a tender for only the contract under contract, the level of the infringement shall be calculated on the basis of the estimated value of the contract without the consideration of VAT. Where the applicant is involved. The infringement of this paragraph shall be equal to the level of the contraa referred to in Article 182 (2) for contracts of an estimated value. The President of the Court of Justice referred to in Article 182 (2) shall set the level of the infringement, the amount of its calculation, its maximum and lower limit, the manner and time for the submission and recovery of the infringement, the manner in which the collection is to be paid. Its performance, in the event of a total or partial acceptance of the application, or in the event of resignation of the claimant before it is discussed. A specific amount of infringement is also provided for in the case where the estimated value of the contract under contract is not known at the time of the application.
5. If an application for interim measures is applied, the claimant notifies the contracting authority/entity or the Central Authority or the Authority referred to in paragraph 20 of Article 15 or any other body designated by the Presidential dimension referred to in paragraph 2. Article 181 with each appropriate instrument, such as electronic means and telematics. In any case of 10 (10) days, the contracting authority/entity, the central authority or the authority referred to in Article 20 of Article 15 or other body designated by the presidential decree referred to in paragraph 2 of paragraph 2 of Article 181, shall, if Has been notified of the above, to send to the court with each Member State the full administrative file and any of its comments together with the documents and particulars submitted.
6. The competent Judge shall determine by an act of the day and time of hearing of the application, as well as the former;
To a subpoena. The date of recovery shall not be more than thirty (30) days from the date on which the application is made, and the time for drawing shall not be less than fifteen (15) days. Copy of the request for a call shall be notified by the applicant to the service responsible for the receipt of tenders, which shall inform the contracting authority/contracting entity or the authority referred to in paragraph 20 thereof. Article 2 or other body designated by the President of the Court referred to in Article 181 (2), if service and authority do not apply to any third party concerned which the judge considers necessary. Each person concerned, who is affected by the events, is entitled to exercise a contract. The parties shall be entitled to challenge all the relevant documents and other evidence at their disposal in the hearing.
7. The competent judge may, on the submission of the application and after a call by the contracting authority/entity before three (3) days, issue, of its own motion or on request, provisional application, which is recorded under the application; and Contains the measures to be taken as the decision. These measures include: (a) the prohibition on the conclusion of the contract; and (b) in the case of contracts with an estimated value equal to or less than sixty thousand (60,000) euro, excluding VAT, and the prohibition of conclusion Of the contract. The provisional order may be withdrawn by the Judge who granted it, at the request of the contracting authority/entity and after having been summoned to be heard by the applicant for three (3) days, or by the court to judge the request. Insurance measures.
8. The application for interim measures is accepted, and the infringement of a rule of the law of the European Union or of the internal law and the taking of the measure is necessary in order to remove the effects of the infringement. Or to prevent the loss of the applicant's interests. The application may be refused if, by the status of the applicant's failure, the parties of third parties and on-regular grounds of general public interest, it is considered that the negative consequences of the assumption will be more serious than its benefit. An applicant. A-finding of the application for any reason shall be without prejudice to other rights of the applicant.
9. The court orders the appropriate measures, without being bound by the proposals of the parties. It shall, in particular, suspend the suspension of the terms of the declaration, the public procurement and any other documents relating to the conduct of the competition, the suspension of the performance of any act of the contracting authority/entity; Freezing of legal or material actions, the execution of the necessary positive acts, such as the maintenance of documents and other data, and the suspension of the conclusion of the contract. The decision on the application for interim measures shall be adopted within a time limit of 20 days following the application. The provisions of these Decisions, signed by the President, the members and the Secretary of State, shall be adopted in advance of seven (7) days from the hearing.
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The application or, if a deadline has been granted to the parties for their use or for the submission of a submission, after the expiry of that period. However, the day before the parties may not be subject to three (3) days after the hearing.
10. The application of the application for interim measures is not dependent on the previous exercise of the main assistance. The time-limit for the exercise of the remedies shall be interrupted by the lodging of the application for interim measures and commencing on the performance of the decision. The party in favour of an insurance measure must, within a period of thirty (30) days after the performance of such an insurance measure, exercise the main aid measure, otherwise the validity of the insurance measure shall be automatically lifted. The court of justice for its judgment does not mean that it should be less than three months from the lodging of the file.
11. If the application for interim measures is made, the contracting authority/entity or the authority referred to in Article 15 (20) or the authority referred to in Article 15 (2) of Article 181 may be complied with. The general content of the decision and to withdraw or amend the administrative act which caused the dispute or, in the absence thereof, to issue an explicit act due to it. In this case, in the case of the main aid which has been exercised, par. Article 32 (2) of the first paragraph of Article 32 of the EEC Treaty.
Article 188 Non-signature of contract
In breach of the provisions of Article 187 signed by the contracting authority/entity, or the authority referred to in paragraph 20 of Article 15 or other body designated by the Presidential dimension referred to in Article 181 (2), it shall not It is in the interests of the person concerned or prevented from providing adequate judicial protection.
Article 189 Cancellation of an act or omission
1. The person concerned shall be entitled to request the award of any act or omission by the contracting entity or the contracting entity or the authority referred to in paragraph 20 of Article 15 or of another body designated by the Presidential Decree of paragraph 2 of Article 181; Which infringes the rule of law of the European Union or of the internal legislation relating to the procedure prior to the conclusion of the contract. I, in particular, have the right to seek the annulment of a condition relating to the documents of the contract and refers to technical, financial and financial conditions, as well as of the acts of exclusion from participation in the competition Tenders and award of the results of the competition.
2. Without prejudice to Article 187 (2) and Article 190, if the court annuls an act or omission by the contracting authority/entity or the authority referred to in paragraph 20 of Article 15 or of another body designated by the Presidency,
Pursuant to Article 181 (2), after the conclusion of the relevant contract, the latter shall not be affected unless, prior to its conclusion, the award procedure for the award of the competition decision or provisional order was suspended. In this case, the person concerned shall be entitled to claim compensation in accordance with Article 191.
3. If the person concerned did not exercise or failed to comply with the application for interim measures and the contract was signed and completed before the main appeal was discussed, the application shall be applied accordingly. Article 32 (2) of the first paragraph of Article 32 of the EEC Treaty.
Article 190 Declaration of the Convention as void
1. The person concerned may request the declaration of invalidity of the contract signed, either with or without prior publication of a notice: (a) in the Official Journal of the European Union in the case of a high value contract, Within the meaning of Article 23 (2) or (b) in the case of a low-level contract within the meaning of Article 23 (4), either the obligations set out in Article 145 (3) and (4) have not been complied with or the obligation has not been complied with; The conclusion of the conclusion of the contract, pursuant to Article 182 (3), of paragraph 3; Article 184 and Article 187 (2), or, in the event of the conclusion of a framework agreement and of a dynamic purchasing system, where the obligations arising from the second indent of the second subparagraph of paragraph 1 are violated. Article 54 and paragraphs 5 and 6 of Article 133.
2. The declaration of the contract as an invalid has failed to divulge its retroactive invalidity.
3. The claims of the contractual parties shall be governed by the provisions on unreasonable pluralism and the relevant disputes shall be determined by the competent court in accordance with the relevant provisions. If the contraaor had known or ought to have known the nullity of the contract, it shall not be incurred in respect of the administration of the contract, and the provisions on an unjustified price, or such claim shall be satisfied only in part.
4. The tribunal shall assess the circumstances and, in particular, the stage of the execution of the contract, the seriousness of the infringement and the behaviour of the contracting authority/entity, may declare void only to the execution of the contract; In the event of the expiry of the period of validity of the decision,
5. Where compelling reasons of public interest require the maintenance of the outcome of the contract, even though it was concluded in breach of paragraph 1, the court may not be void. It is not considered to be an overriding reason for the existence of financial interests to maintain the outcome of the contract, only if its cancellation would result in disproportionate effects. In any event, it is not such a reason to address the contracting authority/entity with costs incurred as a result of delays in the execution of the contract, in order to carry out a new award procedure, for
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The change of the economic operator performing the contract or the legal obligations arising from the cancellation of the contract.
6. In the cases of the two preceding parties, the court, with the same decision, imposes on the contracting authority/entity a qualification, the amount of which may not exceed 10 % of the financial instrument. The draft shall be submitted to the applicant. The court in such cases shall not be bound by the application of the parties but in the light of the circumstances.
7. The application for a declaration as void under the provisions of the Second Part shall be applied within a period of thirty (30) days following the date of publication of the decision: (a) for high value contracts in the Official Journal of the European Union. The European Union, in accordance with Article 56 (4) and Articles 57 and 58 and (b) for the low value contracts in KHEMIS, in accordance with Article 152, where the publication of a statement of reasons for the publication of the contract without publication Notice or from the date on which the information has been updated in another way. This information shall be submitted to the information contained in paragraph 2 of Article 116 and in paragraph 2 of Article 62. The application cannot in any event be taken after six (6) months after the conclusion of the contract. Where the contract is governed by the provisions of the Third Party, the deadlines referred to in the first subparagraph of this paragraph shall start from the date on which the decision is adopted: (a) for high value contracts in the Official Journal of the European Union, In accordance with Article 152 (5) of Article 133 and Articles 110 and 112 and (b) for contracts of low value. In this case, the information referred to in Article 116 (2) shall be exposed to the above information. A copy of the request for cancellation shall be notified promptly and to the Authority referred to in Article 15 (20).
8. The procedure for declaring the contract to be void shall not apply if the contracting authority/entity has published in the Official Journal of the European Union, in accordance with Article 58 or paragraph 8 of Article 110 and in KEMIS. Article 152, notice giving notice of its intention to award the contract and having at least a 10-day period of suspension of the contract from the date of publication of the contract, provided that this notice has been drawn up in accordance with Annex XIV to Regulation (EC) No 1564 /2005/EC, as amended by Regulation No 1336 /2013/EC; As is the case. In addition, no application may be made to the conclusion of a framework and application of a dynamic purchasing system where the obligations arising from the second indent of the second subparagraph of paragraph 1 of Article 54 and the second subparagraph of paragraph 1 are violated. Paragraphs 5 and 6 of Article 133 if the contracting authority/entity has sent the award decision together with a summary of the reasons set out in Article 62 (2) and Article 116 (2) to the interested parties concerned, Indicating the time-limits for suspension of the contract and having kept a 10-year period;
A minimum period of suspension of the conclusion, from the date on which the decision is taken, by the tenderers concerned.
9. In the cases referred to in this Article, the arrangements laid down in Article 187 shall apply. The deadline and the lodging of the application for interim measures shall not have suspensory effect. The temporary arrangement procedure is also applied in this case. If the application is accepted, the court may order a further execution of the contract.
Article 191 Claim compensation
1. The person concerned, who has been excluded from participation in competition or contract award of this law, in breach of a rule of law of the European Union or of internal legislation, shall be entitled to claim by the contracting authority/delegate; The institution concerned shall, in accordance with the provisions of Articles 197 and 198, accordingly apply. If the person concerned proves that the contract would be postponed, if the infringement had not been received, he shall be entitled to compensation in accordance with the general provisions. Any provision that is excluded or restricts this claim shall not apply.
2. A prior cancellation of the illegal act or release from the competent court is required for the award of the compensation. This condition is not required in the case of Article 189 (3) and Article 190 (4) and (5) or where, in general, the nullity of nullity is not possible for reasons connected with omissions. Be concerned.
SECTION 3
Article 192 Corrective mechanism
With high value contracts
1. If the European Commission considers that there has been a serious infringement of the provisions of European Union law, which regulates the procedure for the award of public contracts of high value and the meaning of Article 23 (2), Calls for such removal, the competent authority receiving the notification shall transmit within twenty-one days (21) days to the European Commission, the following information: (a) a certificate stating that the infringement has been corrected or (b) a reasoned response, which explains why
What reason did not take corrective action or (c) notice that the procedure for taking into account
A contract has been suspended either on the initiative of the contracting authority/entity or following an appeal, in accordance with Article 182 or from an application for error, in accordance with Article 187.
2. The contracting authority/entity shall be required in ten (10) days after the competent authority may send it to it in relation to the suspected infringement.
3. If, in accordance with point (b) of paragraph 1, the European Commission has informed the European Commission that no corrective action has been taken as a result of an appeal referred to in Article 182 or a judicial remedy under Article 187,
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189 or 190, the competent authority shall inform the European Commission of the outcome of the proceedings when it is known.
4. If, in accordance with point (c) of paragraph 1, has been notified that a suspension has been granted, the competent authority shall notify the European Commission of the request for suspension or the initiation of a new procurement procedure associated with it as a whole. One part with the previous procedure. The new notification must certify that the possible infringement has been corrected or contain a causal response and explain why no corrective action was taken.
5. The competent authority shall forward to the European Commission on 1 May each year information on the remedies for legal protection against this law. The contracting authorities/entities should transmit to the competent authority the information required for the information of the European Commission, which shall be determined by the European Commission in consultation with the Advisory Committee on Public procurement contracts.
6. The competent authority within the meaning of this Article shall be the Single Independent Public Authority of the Council referred to in Article 15 (20).
TITUS II TO SOLVE DISPUTES BY EXECUTION
OF THE CONVENTION
Article 193 Fees of courts
Any dispute between the parties arising from or after the performance or interpretation of the public contracts within the meaning of the term of office shall be settled by the competent court, in accordance with the relevant procedural provisions, with the Prejudice to Article 194.
Article 194 Arbitration
The documents of the contract may be approved and an arbitration clause may be included in the case of disputes arising from the execution of the contract. In this case, by way of derogation from the provisions applicable to the arbitral tribunal, the contract shall specify the specific conditions of arbitration without any other provision.
PART 1 FINAL PROVISIONS
TITLES OF COMPETITION INSTRUMENTS
Article 195 Delegating bodies
And execution of public contracts
1. The institutions which are responsible for carrying out the procedures for the award and execution of public contracts of this law are divided into institutions;
(i) to be aware of the potential of the European Union and its Member States, in accordance with the provisions of the Treaty on European Union.
2. With joint decisions of the Ministers for Development and Competitiveness, Infrastructure, Transport and Networks and the competent Minister or Competent Bodies of the management of contracting authorities/expected bodies, in accordance with the provisions of the Treaty establishing the European Economic Community, in accordance with the provisions of the Treaty establishing the European Economic Community, Where appropriate, these instruments may be used, where appropriate.
3. Remainable organs which have been established with previous provisions or administrative acts shall determine their responsibilities and perform their duties until the adoption of the decision referred to in paragraph 2.
4. The tasks and responsibilities of the decision-making bodies of the contracting authority/entity shall be exercised in accordance with their organisational provisions.
5. The opinions of the Committee on the Rules of Procedure of the Court of Justice and the Court of Justice of the European Court of Justice and the Court of Justice of the European Union The adjuvant organs may be either individually or collectively.
6. As a knowledge body at the award stage of the contract, a committee is appointed for the performance of the award procedures and the evaluation of the results. By way of illustration, the committee shall assess the tenders or requests to participate in the tenderers or tenderers, check the suitability of tenderers or candidates for their participation in the case-by-case procedure, check and evaluate the tenders and It shall take place with the tenderers or candidates, in the context of a competitive dialogue procedure or by means of a procedure, proposes the exclusion of the applicants or candidates from the award procedure, the rejection of tenders, the award of the tenders; Of the award procedure, the gradual implementation of the guarantees, the The cancellation of the award procedure and opinions on any other issues raised during the award procedure.
7. The committee referred to in paragraph 6 shall be composed of a decision of the contracting authority/entity for a particular contract, or on an annual basis for the contracts concluded by the contracting authority/entity. In the case of centralised purchasing by central authorities, in accordance with Articles 20 and 21, the respective committees shall be composed of a decision.
8. The same decisions of the preceding para graph may be set up on a case-by-case basis and by temporary committees or working groups to address specific issues relating to tender procedures.
9. As a knowledge-based instrument at the stage of the award of the contract, it may be a collective body in the preceding para-graphs and/or organisational units in the administrative structure of the contracting authority. A procuring entity, defined by a decision/s. By way of illustration, these instruments shall be drawn up for all the issues of receipt of the contract, by making, in fact, operational, operational and/or operational checks on the subject to be received from the contract, provided that it is provided for in The contract or the contract;
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If necessary, they shall monitor and control the pre-performance of all the conditions of the contract and the fulfilment of the obligations of the contractor and shall be guided by the taking of the necessary measures as a result of non-compliance.
10. For the establishment and operation of the institutions of the contracting authorities/entities, which fall within the scope of the application. Having regard to Council Regulation (EC) No 2690/1999 'Code of the Administrative Procedure' (' ' 45), the relevant provisions of that law shall apply.
11. In the composition of the opinions of the present article, a member of the IFRIC is required to participate. Article 5, as a minimum. The Governing Council of Article 172 and the Implementation Regulations referred to in Article 178 may specify, in particular, the opinions and opinions of the members of the Executive Board, their members and their work, the composition, the The number and the specific qualifications of their members, the manner and the procedure for selecting them through a definition or a draw, replacement or replacement of their members, their manner and their mode of operation, in addition to the provisions laid down, and Provision is made for the assistance of their work by external experts.
12. It shall be created and maintained in the ESA Registry of Evaluators of public procurement. This register shall be registered by all those who may be a number of speakers, in accordance with the legislation, provided that they have five years' experience in their area of expertise. Evaluators shall be classified in categories according to their profession and/or their speciality and selected according to the nature and nature of the competition. In the case of the evaluation of the technical offers, it does not appear in the assessors' identification of the tenderers. The selection of assessors to party the evaluation committee of the respective competition, the composition and functioning of which is determined in accordance with the provisions laid down, shall be drawn by the ECHR by means of the ECHR between the axes; The categories of categories-specializations required by the objective of the competition. The selection of the experts to be made up of the Committee for the Evaluation of the Competition is done by means of an electronic draw by means of the ECHR between the evaluators of the charges required by the object of the competition. By decision of the Minister for Development and Competitiveness and in the case of a case-by-case Minister, the terms and conditions for the registration and deletion in the Register, the categories-specialties of the Evaluators, the scientific and technical And the scientific bodies involved in the evaluation committees and each specific subject for the implementation of this paragraph.
Article 196 Training and registration of Officials
Council of the European Union (EU)
1. Contracting authorities/entities, without prejudice to Article 201 (4), shall provide for initial and lifelong training, as well as the corresponding certification of their staff, which shall be carried out by any working relationship and Of which -
It shall be entrusted with tasks relating to the exercise of the competences of this law.
2. Training and certification shall be carried out by means of certain programmes drawn up and implemented by the Institute of Education (ICM) of the European Centre for Public Administration and Administration, with the cooperation of the Authority referred to in paragraph 20. The Committee of the Regions and the General Secretariat of the Ministry of Development and Competitiveness and the General Secretariat for Public Works of the Ministry of Infrastructure, Transport and Networks. The certified staff register is registered in-a Register of Certified Public Contracts (IFRSs), which is maintained by the JEPs and is linked to the National Database of Accruals of Accruals.
3. Contracting authorities/entities, when preparing and carrying out procedures for the conclusion and execution of a public contract of this law, shall be supported by members of the MIC. The obligation of the previous territory shall be suspended until the adequate functioning of the IFRSs. For the purposes of this law, the effective operation of the MoU. It shall be certified by the institution of its compliance.
4. With a decision of the Ministers for Development and Adoption and Administrative Reform and Electoral Governance, adopted following a unanimous opinion of the Authority, particular issues relating in particular to: And the manner in which the
(b) the specific conditions, any levels and conditions of the training programme;
(c) the definition of teachers and trainers; and
(d) the recommendation of the IFRSs, (e) the Board of Compliance with the IFRSs, (f) the most specific conditions of registration and their
Reasons for deletion, g) the modalities and specific conditions of support
The contracting authorities/entities from members of the IFRSs, when preparing and carrying out procedures for the award of public contracts, and any other necessary details relating to training and training; Certification of employees and the functioning of the IFRSs.
TITUS II MODIFIABLE, TRANSITIONAL,
DEPENDENT PROVISIONS
Article 197 Modified provisions
1. The last paragraph of paragraph 1. Article 8 (4) of the Law 3310/2005 (A-30), as applicable, is replaced by the following:
' The declaration of inadmissibility shall be made by the contracting authority at the stage of verification of the right to award of the temporary contractor. '
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2. At the end of paragraph 6a of par. That is not the case, Mr President. (EEC) No 3861/2010 (1 112), as the case may be, a new subparagraph is added as follows:
" From the primary suspension obligation, the documents and details of public contracts entered into in the Central Election Registry (CEMIS) referred to in Article 11 of the Law shall be issued. 4013/2011 (1 204). These data are automatically derived from KHEMIS. '
3. At the end of case 14 of par. That is not the case, Mr President. (EEC) No 3861/2010 (1 112), as the case may be, a new subparagraph is added as follows:
" From the primary suspension obligation, the documents and details of public contracts entered into in the Central Election Registry (CEMIS) referred to in Article 11 of the Law shall be issued. 4013/2011 (1 204). These data are automatically derived from KHEMIS. '
4. At the end of case 15 of par. That is not the case, Mr President. (EEC) No 3861/2010 (1 112), as the case may be, a new subparagraph is added as follows:
" From the primary suspension obligation, the documents and details of public contracts entered into in the Central Election Registry (CEMIS) referred to in Article 11 of the Law shall be issued. 4013/2011 (1 204). These data are automatically derived from KHEMIS. '
5. At the end of case 16 of par. That is not the case, Mr President. (EEC) No 3861/2010 (1 112), as the case may be, a new subparagraph is added as follows:
" From the primary suspension obligation, the documents and details of public contracts entered into in the Central Election Registry (CEMIS) referred to in Article 11 of the Law shall be issued. 4013/2011 (1 204). These data are automatically derived from KHEMIS. '
6. Article 3 of the Law A new paragraph 6 is added as follows:
' 6. From the primary suspension obligation, the documents and details of public contracts entered into in the Central H-verbal Register of Public Contracts (CEMIS) referred to in Article 11 of the Law shall be deleted. 4013/2011 (1 204). These data are automatically derived from KHEMIS. '
7. The par. Article 14 of the Law 3316/2005 (Part II-42) as follows:
' 2. In the procedures for the award of a contract for a study or contract of services related to studies or supervision of studies and projects, they are entitled to participate in Greece, of course and legal persons, as long as they are registered in Greece. Law of the Registry of the Registry of the Court of Justice and the Registry of the Court of Justice of the European Court of Justice of the European Union. The registration in the register and the maintenance in force of the writing of its legal revisions is a prerequisite for the drawing up of the preparation, in accordance with the provisions of that law. The right to participate shall be judged both at the time of the submission of the request for expressions of interest or tender and at the conclusion of the contract. '
8. The first paragraph of par. Article 38 of the EC Treaty In accordance with the conditions laid down in paragraph 1, the contracting authority shall:
A person or group of experts, as defined in the preceding paragraph, may delegate to one or more experts, support for the services of the worker with a service contract. '
9. Paragraph 1 (1) of Article 1 (d) 4/2002 (1 3) shall delete the words'and in particular of supplies and services'.
Article 198 Transitional provisions
1. The provisions of this law are applicable to all public works contracts, services or pre-morals, including the concessions of public works and framework contracts, as well as to all competition studies which fall within the scope of the Directive. (i) the application of the procedure and the initiation of the procedure for the establishment of which, in accordance with Article 37, shall take place after the entry into force of this Regulation.
2. The procedures for the award of contracts referred to in paragraph 1, which have been initiated before the start of this law, continue and shall be resumed in accordance with the arrangements in force at the time of their initiation.
3. Directories that have been set up, in accordance with the provisions of DOD 51540 /EYSCOSA 3628/2010 (B΄ 1856), remain in force until 31 December 2015 and the competent maintenance services of the lists-find to entrust service contracts or Before the end of the year, the Commission adopted a proposal for a regulation on the application of the principle of equal treatment for men and women.
4. The basis of paragraph 1, which has been agreed before the date of entry into force of the reserve, shall be carried out in accordance with the arrangements in force at the time of their conclusion.
5. Until the adoption of the decisions and decrees provided for in Title II of the Tetarto Mays, the number shall continue to apply. Decision No 1/2390/2013 (B 2677).
6. Until the adoption of the decision referred to in Article 139 (5), it shall continue to apply. Decision No 1/2380/2012 (II).
7. For the purposes of applying Article 26 of this Act, the Minister for Development and Adequacy is hereby established.
8. The provisions relating to the legal protection of Articles 179 to 194 shall set out the differences between the acts or omissions of the contracting authority/delegated entity which are issued or drawn up after the entry into force of the above Articles, in accordance with the provisions of this Article. Article 201 (5). At this time point, in order to provide legal protection during the award procedure of each type of contract, estimated up to sixty thousand (60,000) euro, without the consideration of VAT, the provisions of this Regulation shall apply. Article 15 (d) 118/2007 (1 150).
9. With a joint decision of the Ministers for Development and Competitiveness, Infrastructure, Transport and Networks and the Secretary-General of the Council, each issue referred to in-court details may be set up, necessary for the implementation of The provisions of this law and are not specifically regulated by this law.
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Article 199 Repealed and maintained provisions
1. Since the entry into force of this law: The provisions, as they apply, are abolished.
The date of entry into force of this law: (1) Article 124 of the EC Treaty 4249/2014 (')
73), (2) in the case of para. Article 8 of
N. 4233/2014 (A-22), (3) of Articles 8 and 26 of the Law Council Regulation (EEC) No 4115/2013
Refers to the laws and services regulations setting out conditions and procedures for the award of contracts, services and the performance of works and works, pre-morals of equipment and related works,
(4) Article 109 of the Law. 4199/2013 (A-216), (5) of Articles 1 to 9 of the Law. 4155/2013 (1 120), (6) in case 4 of Subparagraph D. 3
Par. For the first part of his article. No 4152/2013 (2), (7), (7), (7), (7) Point 10 of Article 16 of n. 4146/2013 (A)
90), (8) of paragraph d. Article 29 (2)
N. See Part One, No 4111/2013 (18), (9). 2 of Article 130 of Law 26/2012 (1)
57), (10) para. Article 239 of the EC Treaty 4072/2012 (%)
86), (11) Article 6 of the Law Article 12 of Regulation (EEC) No 4071/2012 (1) (12) of Article 12 of the Law 4070;
EC 12-1982, point 3.4.1. Article 43 of the EC Treaty 4049/2012 (P)
35); (14) Article 26 of the Law. (EC) No 4024/2011 (1 226), (15) of the third subparagraph of paragraph 1. Article 24 (7)
N. Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
N. Regulation (EEC) No 3918/2011 (1 31), (17), of the second subparagraph of paragraph 1. Article 5 1
And par. Point 6 of Article 23 of the Law 3894/2010 (1 204), (18) Article 10 and paragraph 5 of Article 10. 1 of the
Article 30 of the Law (') OJ No 3889/2010 (1 182), (19) (b) (b). Article 186 VII;
Of par. Amendment No 8 to Article 194 and para. Article 196 of the EC Treaty 3852/2010 (87)
(20) of the 'aa' case. Article 1 of the seventh paragraph of Article 7 of the Treaty on European Union NO 3839/2010 (A),
EC 61993, point 1.14. Article 5 of the Law 3653/2008 (A΄ 49), (22) paragraphs 1, 2, 13, 14 and 15 of the Article
25, Article 25a and Article 9 (b) of Article 33 of the Law. 3614/2007 (7267),
(23) set out in paragraphs 3 and 4 of the seventh paragraph of Article 7. 3607/2007 (V45),
(24) of cases (b) and (c) of the paragraph Article 6 of the Law NO 3489/2006 (PARA 205),
(25) in the case of the par. Article 5 (2) of the EC Treaty 1 of Article 6 (Issue), Article 7 (10), subparagraph (c) (10) and Article 9 (5) of the Law. NO 3469/2006 (1 131)
(26) Paragraphs 1 to 3, paragraph 9, paragraph 10 of Article 209, paragraph 5 of Article 223, second subparagraph, paragraph 2 of Article 257, paragraph 7 of Article 265 of the Treaty.
Article 268 of the EC Treaty NO 3463/2006 (114),
EC 61993, point 1.14. Point 3 of Article 9 of the Law No 3444/2006 (1 46), (28). Point 9 of Article 4 of n. 3139/2003 (S)
100), (29) Article 5A of the EC Treaty. Council Regulation (EC) No 3049/2002 (2), (30) (30) of Article 24 of the Law Regulation (EEC) No 3016/2002 (
The procedures for the award of contracts, services, and the execution of works and operations, pre-availability of movable property, equipment and related works,
EC 3-1986, point Article 19 of the EC Treaty 2947 /2001 (P.
EC 3-1993, point 1.14. Article 5 of the Law NO 2919/2001 (128)
EC 3-1993, point 1.14. Article 1 (2) of the Law 2898/2001 (71)
(34) referred to in subparagraph (b) of paragraph 2 of paragraph 2. Point 10 of Article 24 of the Law REGULATION (EEC) NO 2860/2000 (
(35) Article 55 of the Law The Council also adopted a resolution on the situation in the Community. Article 1 (2) of the Law (MILLION ECU)
222), (37) of Article 2 (6) of the Article
And paragraph 6 of the article in the seventh chapter of Chapter VI of the Law. Having regard to the Treaty establishing the European Economic Community,
(38) of Article 20 of the Law. Regulation (EEC) No 2636/1998 (1 198), (39) (iii) (iii) (iii)
Par. Article 10 of the EEC Treaty Regulation (EEC) No 2525/1997 (OJ No L 188), (40), paragraphs 3 and 4 of Article 13 thereof
N. (') No 2503/1997 (A-107), (41), (a) and (b) (b) of the Treaty. Article 7 5
Of n. Council Regulation (EEC) No 2364/1995 (2) (42), Articles 133 and 134 of the EC Treaty 4270/2014 (
Point 143 of this Report. Regulation (EEC) No 2286/1995 (1), except paragraph 1
Up to 11 of Article 2 of n. 2286/1995, which remain in force for contracts entered into in the United States of the European Union for 2014, as well as any other provision required for the implementation of the PSP 2014 and previous and non-legal acts Which have been issued pursuant to Article 1 (2) (b). 5 II thereof,
(44) of the case (b) of paragraph (a) of paragraph 1. Article 7 of the Law Regulation (EEC) No 2244/1994 (6), as regards the award of works, studies and services,
EC 121993, point 1.5.2 Point 8 of Article 5 of n. 2229/1994 (1 138);
EC 6-1993, point Article 94 of the EC Treaty (') Regulation (EEC) No 2127/1993 (2) as regards the pre-morals regulation,
EC 4-1987, point 2.4.4. Amendment No 8 to Article 4 of the Law 2081/1992 (P. 154)
EC 6-1993, point 1.14. Article 21 of the EC Treaty Regulation (EEC) No 1845/1989 (2), as regards the mode of supplies,
(49) the second sentence of Article 11 (2) and Article 11 (5). REGULATION (EEC) NO 1797/1988 (')
(50) of subparagraphs (b) and (c) of the Treaty. Article 6 of the Law 1514/1985 (13);
EC 9-1993, point 1.14. Article 3 of the fourth paragraph of Article 3 of the Treaty 1398/1983 (144);
(52) of Article 14 of Council Regulation (EEC) No 138/2009 (1 185), (53) of the 59/2007 ('63), (54) of the 60/2007 (' 64), (55), paragraphs 4 to 5 of Article 12, p.
Having regard to the Treaty establishing the European Economic Community,
86
Articles 76, 100, subparagraphs (b) and (c) of paragraph 2 and paragraphs 8, 10 and 11 of Article 101 (d), 30/1996 (Part 21);
(56) of Article 17 of Council Regulation (EEC) No 331/1996 (2) (57), (57) (2) (2) (2) (58) (58) of the second subparagraph of Article 4 (2) of the second subparagraph of Article 4 (2) of the EC Treaty).
Article 8 (1) and (2) of Article 11 (1) and the second subparagraph of Article 12 (1) of Article 12 (d) 99/1992 (1 46);
(59) of Article 9 (1) to (5) and Article 10 (d) 171/1987 (' ' 84);
(60) of Articles 1 to 25 p. 363/1979 (1 114), (61) of Article 38 (5).
5058/EC/138/2013 (B΄ 292), (62) (b) of (b) and (c) of
Article 7 (4) of Article 7 of Law No 679/1996 (Bl 826), which was ratified by Article 36 of the Law. NO 3794/2010 (C 156)
(63) Paragraph 2 (2) (a).
Regulation (EEC) No 35130/739/2010 ('), (65), (65), Art. 18, A-15932/1161/2006 (')
458), (66), 9803 /EFA 2294/2003 (B ' 1280), (67), 27319/2002 (Bl 945), (68), (68), 2064/2002 (B 257), (69) 3b of the third party;
Of the decision (meeting 26.9.2013) of the Council of Atheria (B 414);
Article 55 of the EEC Treaty NO 2725/1999 (II). OTHER: The provisions of the following rules are repealed:
(b) in respect of the award of public contracts, services and works which fall within the scope of this law, with the exception of provisions regulating long-term contracts for public contracts, which are reserved for the award of public contracts. Until the adoption of the provisions of Article 178:
(1) C.O.D. 31/1999 (B 2302) "Arrangements for the ethics of E.L.G.A."
(2) KYDIA 58192/2000 (61 B) "Regulation No 58192/2000".
(3) KYA 4203/300/2000 (B2 249) ' Regulation No OSE '
(4) KYA 78870/2001 (B 1750) "Regulation of the European Communities".
(5) C.O.D. 78761/7062/2001 (B΄ 1819).
(6) KYA - /12681/934/2001 (BM 333) "Arrangements for morals of OAH"
(7) C.O.D. 263/2002 (B 528) "Rules of Procedure of the CPC SA"
(8) C.O.D. 12904/980/2002 (B΄ 330) "HALPAP" Rules of Procedure
(9) R.O.D. D17A/01/60/FN393/2002 (B΄ 1106) "The Rules of Procedure of Egnatia Odos SA"
(10) C.O.D. 6317/2003 (Bl 1217) "Real Estate Agency for Real Estate".
(11) C.O.D. 191038/2003 (B 1088) ' CRP Regulations'
(12) C.O.D. A/36033/3237/2008 (ΦEK Β 1349) "Approval of the Acts of Ethics"
(13) KYA 56294/2009 (B΄ 2015) ' Single Regulatory Area CECKE '
(14) (A) 17/05/108/108/00/2010 (FEC B 1043);
Approval of the Elaboration of Studies, Project Implementation, Ethics and Operations of DEPOPM SA. '
(15) OJ No 18259/1990 (B 419) " Approval of the Rules of Procedure of the National Foundation for Rural Development (ET.I. AG.E.)
(16) DOD 49/1994 (B 19) "Regulation of the Greek Organ Organ Orgasm"
(17) Y.A16151/1994 (B 511) " Regulation Acts
(18) DOB 6409 /TAK/1250 (B 489) ' CAMP Regulation '
(19) DOD 37568/3992/1995 (B 49) "SETEL Regulations".
(20) Y.A. D17A10/59/FN393/1996 (B 611) "The Company's Rules of Assignment and Executing Works of the Company with the Egnatia Street SA", as amended by the No. D17/08/20/23.02.1998 (Bl 223), D17/53/1/FN 393/ 18.05.1998 (Bl 522), D17/05/14 /FN 393/1.3.2000 (Bl 311), D17/163/4/IP/13.3.2001 (BM 305), D17/02/19 /FN 393/ 21.03.2002 (Bl 400), D17/02/19 /FN 393/ 21.03.2002 (B΄ 400), D17a/95/3/FN 393/ 19.07.2002 (B΄ 964), D17/14/4/FN 393/ 17.2.2003 (BM 191), Bull. 17/09/53 /ΦN 393/ 17.6.2003 (B΄ 846), D17/62/9/PN393/ 30.11.2004 (B 1765), D17/08/56/FN 393/ 27.04.2005 (BM 573), D17/05/100 /FN 393/3.7.2006 (B 999) and D17/10/3/FN 393/ 10.1.2007 (B) 45) and D17a/83/7/FN 393/ 30.06.2009 (Bl 1422)
(21) P2B/2298/1996 (B 489) "Regulation of the Centre for Family and Youth"
(22) Y.A. P2B/995/1996 (B2 505) "The Ordinance of the Baby Center"
(23) N.A. 970/1997 (Bl 970) "Approval of the Assignment and Implementation of Projects of Thé Construction S.A."
(24) DOA 22808/72/1998 (B΄ 1198) "Regulation of the Hellenic Republic."
(25) H.A. 5263/PAP/559/2000 (B΄ 897) "Regulation of FORTH ethics"
(26) DOB 36072/2001 (B 1441) 'Regulations of non-member countries'.
(27) DOB 1436/2001 (B 290) "The Adoption of a Regulation on the award of works and studies of Hellenic Tourist Properties S.A."
(28) Y.A. F/4/2/1446/60/2001 (B2-202) 'Regulation on the establishment and execution of projects and the execution and execution of the company's studies with the ERGOSE SA'.
(29) Law No 6483/2002 (B΄ 613) "Regulation for the Assignment and the Executing of Works and Acts of Thessaly"
(30) N.A. 10915/2002 (B΄ 636) "Commemorative Material and Services".
(31) H.A. 11140/2002 (B΄ 1271) "Regulation of materials and services and the award and execution of technical works by PSC Attiki S.A."
(32) DOA (2) (2) (2), (2) (b), (2), (2) (b), (2), (2) (b), (2) (b)
(33) D1/C/12808/2003 (B 1037) "Compliance with the Public Power Corporation S.A."
(34) F25/70826/5824/2003 (B 1977) "Approval of the Company's Regulations": (a) conclusion and execution of works contracts, (b) the conclusion and implementation of contracts for services and studies;
87
(i) procurement contracts (35) of Regulation (EEC) No 23584/2006 (B 1487) ' Approval of the Regulation
National Audiovisual Archive for the award, monitoring and receipt of studies and services and for the conclusion and implementation of the relevant contracts. '
(36) DOD F32/20892/1600/2007 (Bl 621) "Arrangements for the conclusion and execution of project contracts" "TRAINOSE SA" "
(37) DOD F32/20893/1601/2007 (Bl 621) "Regulation on the conclusion and implementation of contracts for services and studies of the company" TRAINOSE SA ""
(38) H.A. 4900/2008 (ΦEK B 513) ' Regulation of association and implementation of contracts, services, works, concessions and divestitures of the Piraeus Port Authority SA '
(39) 258/2008 (II 2647) ' Modification of the Rules of Procedure for the conclusion and implementation of contracts, services, works, concessions and divestitures of the Piraeus Port Authority SA '
(40) Y.A. 1/491/2008 (B 2425) "The Securities and Exchange Commission"
(41) N.A. 19063/2008 (II 1402) ' Approval of the Rules of Procedure of the NIS. National Audiovisual Archive for the supply, delivery and receipt of goods, materials and services and for the conclusion and extension of the relevant contracts'
(42) Y.A. Φ1/2/6488/40/2010 (B΄ 1990) "Arrangements for Ethics S.A."
(43) D1 G/25457/2011 (B '2695)' Approval of the arrangements for the award of contracts and the implementation of projects, pre-morals and services of the National Assembly of Food Gas (ISFA SA) '.
(44) Ad. 6/2012 (b. 38) " Approval of works, pre-morals and services of the NPD.
(45) H.A. 18362/2010 (B 662) "Regulation on the procurement of supplies and services for the conclusion of" ACTIVITIES SA ".
(46) R.P. 12/22043/2073 (B 971) ' Approval of the Staff Regulations of ERGOSE SA '
(47) DoD 27/5857/464 (B 479) "Approval of a contract for the Completion of the Procurement and Services of the Company" Proprietary S.A. ",
(48) HAA 226959/2003 (748) "Approval of the Assignment Regulation and Works of the company AGROGH SA"
(49) DOA 226958/2003 (B 748): "Approval of the Ordinary Material and Equipment of the company" "AGROGH SA" "
(50) DOD 226957/2003 (B 748): "Approval of the Ordinary Service of the company" "AGRICULTURE SA" "
EC 5-1992, POINT 1.1. (B 2168) "Approval of the Assignment and Exponsion of Studies, Assignment and Implementation of the Company and Company of the Company with the" E-NOTIFICATION OF HORIZATION HORIZON SA "
(52) R.P. 3442/431 (B 233) "Approval of works by ERGOSE SA"
(53) "Contract of Assignment and Execute Projects S.A.".
(54) "Project rules, morals and services PPC (Decision No 206/30.09.2008)"
(55) " Arrangements for the synapse and performance of contracts
Ethics, Services, Projects, Concessions and Compounds of the company O.L.T. SA "
"C." Any legislative provision which has been adopted for the adoption of regulatory acts on matters regulating the conclusion and implementation of public procurement contracts, as well as the regulatory acts adopted pursuant to that law, shall be repealed. In accordance with the provisions of Article 178 (2) of the Treaty on European Union, the Council of the European Union, the Council of the European Union, the European Parliament, the Economic and Social Committee and the Committee of the European Communities, Technical assistance cofinanced programmes.
D; The delegated acts are hereby repealed, such as in particular. Council Regulation (EEC) No 1418/1984 (1 No 3316/2005 (Part II). No 3669/2008 (A-116). Having regard to Council Regulation (EEC) No 3852/2010 (' 87), adopted administrative acts concerning certain decisions of contracting authorities/tenderers, subject to the provision of Article 195 (3).
UH ... Any legislative, regulatory or administrative power shall be abolished, reserving it in any way or means to exercise the powers of Article 15 (20) in a manner by way of a carrier and by a body other than that designated by it. The classes of n. 4013/2011 (1 204), as is the case.
F - Any general or specific provision which is contrary to the provisions of this or regulation shall be deleted in another way.
2. The provisions are repealed: Article 11 of Law No 4013/2011 (1 204),
Pursuant to the first subparagraph of paragraph 1 of that Article, a recommendation of the Central Electronic Register of Public Contracts (CEMIS), from the entry into force of Article 139, in accordance with Article 201 (3), b. Of n. 3886/2010 (first 173), from entry into force
Articles 179 to 194, in accordance with Article 201 (5). Other: V.3669/2008 (A' 116), except: aa) of the provisions
Article 1 (1) 7 points (1), 2, 4 to 12, 14, 16 (1-5), (c) and (d) and 11.17 other than-graphs 3 to 8, 20 (2) and (4), 21, 30 to 34, 36-40, Article 41 (1) (a), (c), (d) and (3), of Articles 42 to 50, 51 (1) to (3) The Committee on Economic and Financial Affairs and the Committee on Economic and Financial Affairs and the Committee on Economic and Financial Affairs and the Committee on Economic and Financial Affairs and the Committee of the 6 and 182, which are maintained until the provisions of Articles 172 and 178 (b) of the provision of Article 16 (7) of Article 16 which are repealed by the publication of this law in the Commission of the Court of Justice of the European Communities; Having regard to the Treaty establishing the European Community, 6 and 10 which shall be abolished upon the entry into force of the provisions of Article 59 of Law No 4278/2014 (A 157) and (d) of the provisions of Articles 76 and 77, which are in force until the adoption of the provisions of Articles 182, 183 and 183 thereof. Having regard to the Treaty establishing the European Economic Community, Of n. Regulation (EEC) No 3316/2005 (2), except:
88
Articles 2, 2A, 3 to 5.19, 21, 25, 27, 28, 29 minutes, points 2 to 9, 30-38, 39 (1) to (6), 7 (a), (d), (b), 8-9 of articles 40, 42, 45 par. 4-6 and 10 and 45A, paragraphs 2, 6, 7, 10, 11, 13, 14, 15, 16, 19, which shall be maintained until the provisions of Articles 172 and 178, b) the provisions of Article 14 (2) and (3) shall be repealed with effect from the entry into force. The provisions of Article 59 of Law No 4278/2014 (1 157) and (cc) of the provisions of Article 41 which are applicable until the adoption of the provisions of Articles 182, 183 and 187, reserving paragraph 5 of Article 201. Special Report No 118/2007 (1 150), except:
In accordance with paragraph 5 of Article 201 and (b), Articles 26 to 39, which shall be maintained in force until the adoption of the provisions of Article 178, shall be maintained until the beginning of Article 179 (5). (b) in the case of the United States of America.
Articles 1-10, 12-14, 16-17, 27-66, which are maintained until the adoption of the Regulations on Assignment and Implementation of Articles 172 and 178 of this law,
(g) Regulation (EEC) No 11389/1993 (B550), with the exception of the provisions of Articles 27-44, which shall be maintained until the adoption of the provisions of Article 178.
3. Any reference to provisions of a legislative, regulation or administrative validity to provisions adopted by the provisions of this law shall apply to the latter, unless otherwise specified by them. F. .. The provision of Article 8 (4)
N. 3986/2011 (1 152) and the decisions of the Minister for Economic and Financial Affairs are adopted after application of the provisions of this law.
Article 200 annexes
They shall be annexed and shall form an integral part of this Act: Annex A: Annexes I to X to the Directive
2004 /18/EC Appendix B: Annexes I to XIV of the Directive
2004 /17/EC
89
Article 201 Entry into force
1. The validity of the provisions of this Part II shall begin on 1 March 2015, unless otherwise specified in the relevant provisions.
2. The par. Point 7 of Article 1 of n. No 2286/1995 (1 19) is delayed by the publication of this publication in the Official Journal of the European Communities.
3. The validity of Articles 134 to 138 shall be initiated in respect of supplies and services in respect of the Central Administration bodies as defined in Article 14 of the Law. 4270/2014 on 1 July 2014, as regards the General Government Bodies on 1 October 2014 and as regards the whole public sector as of 1 October 2015. With regard to the projects, its validity shall start as regards all the Central Government institutions on 1 January 2015 and as regards the whole public sector as of 1 December 2015.
4. The validity of Article 139 shall begin 12 months after the publication of this law in the Court of Appeal of the Government.
5. Article 157 shall apply to the contracting authorities/entities referred to in Articles 18 and 19 in all public contracts within the meaning of Article 15, the award procedure of which shall start, in accordance with Article 37, after Publication of the law in the Official Journal of the European Communities.
6. The validity of paragraphs 2, 3, 4, 5 and 6 of Article 197 shall begin with the publication of the decision of paragraph 5 of Article 139.
The provisions of Articles 179 to 194 shall enter into force three (3) months after the adoption of the pro visions referred to in Articles 182, 183 and 187.
8. The validity of Article 196 (1) shall begin six months after the adoption of the decision referred to in paragraph 4 of Article 196.
PART II PROVISIONS OF POWERS OF MINISTER
ADMINISTRATIVE REFORM AND ELECTRONIC GOVERNANCE-REDUCTION OF ADMINISTRATIVE BURDENS
SELECTED SECTORS OF THE ECONOMY
Article 202
Article 232 of the EC Treaty 4072/2012 (A-86) is replaced by the following:
' Article 232 1. Without prejudice to specific provisions on companies
Where their shares are imported into a stock exchange, where in Mr 2190/1920 and in n. 3190/1955 a publication is to be published in other forms or instruments with a view to the company (except the website of the General Secretariat of the Court of Justice). 4250/2014), this publication is becoming absolutely pro-active. The suspension of any publication in the company's website is also optional. Departures that are linked and have as a starting point for publication in printed media are no longer valid for pre-primary publications in them, they are valid for publication on the website of the General Secretariat of the General Secretariat.
2. Where in the provisions of mr. 2190/1920 and v. 3190/1955 a publication is intended to be published in the Official Journal of the European Communities and in other forms, the act or item shall be published only on the website of the General Secretariat of the General Secretariat of the Court of Justice. No 4250/2014, within the deadlines set for the publications in the other forms.
3. The validity of this provision shall begin on 31.12.2015. '
Article 203
In par. Article 7 of the Law The following subparagraph is added as follows: 3419/2005 (A-297)
' The application of these documents shall not be required if they are already included in the dossier as originals or certified copies or have been submitted electronically at the level of the law. By way of derogation from any other provision to the law, the obligors shall not be required to refer to any document and item which the obligors shall submit to the General Secretariat of the Court of Justice. '
Article 204
The par. Article 7 (3) of the Law Is replaced by the following:
' 3. The request of the debtor and the documents referred to in the preceding paragraph, as well as any document and evidence to be submitted or published by the obligor to the Secretary of State, shall be submitted by choice of the debtor on paper or in Electronic format. In the latter case, the application, supporting documents and supporting documents shall be submitted by electronic means and using the electronic signature of Article 2 (1) (1) (1) (1) (1) (1) (1) (c) or (1) of the digital signature). Meets the requirements laid down in the provisions of Article 2 (2) and (2). 1 of Article 3 of the 150/2001 (1 125). For the transmission of documents and data, obligors are required to use the user-password and password pair (username and password) which can be accessed by the Secretary of State for access to the website of the G.E.M.S. and which Shall be given to the obligors whose identification and identity confirmation has taken place before the TALS or other web portal of the TAPS. All debts, which are non-liability companies or companies of limited liability, as well as the obligors of the case (s), (e), (g) and (1) of Article 1 shall be required to obtain the username and password pair. (username and password) from the General Secretariat, until 1.1.2015. '
Article 205
The par. Article 8 of the Law Is replaced by the following:
' 1. The registration and any change to the General Secretariat of the Court of Justice and the issuing of copies of the acts and particulars which appear in the General Secretariat of the Court of Justice.
242
In the case of Merida or Certificates, it shall be subject to prior payment of a prior fee, as referred to in paragraph 4, which shall take place and by electronic means. In the latter case, the person concerned is not required to pay attention to the relevant payment in material (paper) form to the General Secretariat of the Court of Justice. The Secretary-General may collect any amount (for example, tax or fee, etc.) in favour of third parties, in relation to the withdrawal and any change to the General Secretariat, as well as for the issuing of copies, extracts and certificates. By a joint ministerial decision of the Minister for Development and Competitiveness and any other relevant competent minister, the details and the procedure for the recovery and recovery of the above amounts shall be laid down. '
Article 206
In par. 9 of Article 5 of the Law The last paragraph shall be replaced by the following:
' Any natural and legal person shall have the right to access, digital storage in its own language, printing and in general reproduction of any act, element or communication posted publicly on the website of the G.E.M.S., or By the Office for Official Publications of the European Communities or by the Office for Official Publications of the European Communities,
Article 207
In par. Article 2 of the Law The last paragraph shall be added as follows:
' Publication by electronic means shall take place in accordance with the provisions of paragraph 1. Article 7 (3) of the Law Regulation (EC) No 3419/2005, which apply in this case. The publications referred to in this Article shall be free of charge. '
Article 208
The first paragraph of paragraph 1. Article 9 of the Law Is replaced by the following:
' Without prejudice to the provisions of Article 11, the correction and change in the preceding para graph shall be carried out at the request of the debtor, his Catholic successors or any third party justifying a special interest. The debt of the debtor shall be submitted by electronic means to the registration services in the Hellenic Republic. '
Article 209
1. Indent (a) of Article 6 (3) of Ministerial Decision 412 /8932/ 23.1.2012 (B-149) Is replaced by the following:
' (a) The slaughterhouses, which shall be obliged to keep a register of slaughtering animals, indicating the country of birth of the animals for slaughter and their breeding code. Where the supporting documents of the person do not show his country of birth, the country of origin shall be indicated. The list of abattoirs shall be subject to the national audit authorities and a copy of the slaughterhouse of the slaughterhouses submitted electronically to the "ELGO-DIMITRA" in electronic form, in accordance with the
Decision No 647/27509 (B 539), within 10 (10) days after the date of slaughter or the electronic declaration of slaughter. '
2. The second subparagraph of Article 7 (g) of Article 7 shall be deleted and from the date of validity of Article 7 (4) of Article 7:
' (g) The slaughter of the slaughter book and its particulars. '
3. The indent of Article 7 (4) is deleted.
Article 210
1. The par. Article 8 of the Law Regulation (EC) No 3468/2006 (' 129)
' 14. The Investor Service for Air Force Department of the Ministry of the Environment, Energy and Climate Change is kept in the electronic register of electricity generating stations a-from renewable energy sources, with a view to its electronic support. European Parliament and Council By joint decision of the Ministers of Administrative Departments
The Committee of the Regions and the Committee of the Regions, the European Parliament, the Economic and Social Committee and the Committee of the Regions, the European Parliament, the Economic and Social Committee and the Committee of the Regions. Services and bodies and all relevant issues of the above-mentioned Electoral Registry. This Decision shall be adopted by 10 months from the date of entry into force of this Decision. The electronic register shall be activated within 10 days;
(18) months from the publication of the Joint Ministerial Decision. With the adoption of the above decision,
Ministry of Foreign Affairs 24840/ 25.11.2010 (B1900). ' 2. The validity of the paragraph shall enter into force on the first day of publication.
For the purposes of this Regulation.
Article 211
1. Article 28 of the Law. New paragraph 7 shall be added as follows:
' 7. By a joint decision of the Ministers for Infrastructure, Transport and the Environment, Energy and Climate Change issued following the introduction of the E.E.T., there are installation and/or maintenance of electronic communications networks. -physical and non-significant effects on the environment as low-capacity projects, in particular, di-ktyr installation and/or expansion of small scale, projects under existing networks, maintenance and/or networking projects and technical specifications; Their characteristics, as well as any other relevant issues. The decision referred to in paragraph 4 shall be determined by:
Simplified procedures for the granting of transit and installation rights for these projects, the arrangements for payment of such fees, any fees, the beneficiaries of such recovery and any other relevant details. '
2. Paragraphs 7, 8, 9, 10, 11 and 12 of Article 28 of the Law. They are referred to in paragraphs 8, 9, 10, 11, 12 and 13 respectively.
243
Article 212
1. The first paragraph of the case in par. The following shall be substituted for Article 5 (1) of the first paragraph of Article 5 (1):
'Where projects for the establishment and development of a motorway are subject to the provisions of development laws providing for state aid and are carried out on the basis of such a technical and household report, which includes:'.
2. The first subparagraph of paragraph (g) of the paragraph 1 of Article 5 (d) 14/2007 shall be replaced by the following:
'Where projects for the establishment and development of a motorway are subject to the provisions of development laws providing for state aid and are carried out on this basis, a report on the viability of the project includes:'.
Article 21
1. The first subparagraph of Article 1 (3) of Article 1 (3) of Article 1 (3). 12061/19.7.2007 Joint Ministerial Decision " Prodias-Centers for Proponics Sports Tourism (CFATs) for their inclusion in the incentive scheme of n. 3299/2004 ' (B 1393) is replaced by the following:
' In the event that the projects for the establishment or the development of the Proptional Sport Centres fall under the provisions of the development laws providing for State aid and are carried out on the basis of such a technical and economic report, It contains: '.
2. The first subparagraph of Article 1 (3) of Article 1 (3) of Article 1 (3). Joint ministerial decision of 12061/ 19.7.2007, as follows:
' In the event that the projects for the establishment or the development of the Training Sports Centres are subject to the provisions of the development laws providing for State aid and are carried out on the basis of these objectives, a report which will be published in the Official Journal. Including: ';
Article 214
1. Indent 2.3 of the first stage of Article 6 of A joint ministerial decision shall be replaced by the following:
' 2.3. Where projects for the installation of recreational activities are subject to the provisions of the development laws providing for state aid and shall be carried out on the basis of such development. '
2. The second stage of Article 6 of Article 6 of A joint ministerial decision shall be replaced by the following:
' 3.6. Where projects for the installation of recreational activities are subject to the provisions of development laws providing for state aid and are carried out on this basis, a study of feasibility studies (study study), which Includes: '.
Article 215
Paragraph 2, paragraph 3, and the first subparagraph of Article 52a (4) of the Law. The following shall be replaced by the following:
' 2. In the case of tourists, the measures referred to in paragraph 1 shall be taken in accordance with the contents of a study drawn up by the Management and Management Body, together with a responsible declaration referred to in Article 8. Of n. (') Regulation (EEC) No 1599/1986 (1 75), as the case may be, of the obligation to comply with the provisions of this Regulation. This study, together with the responsible declaration of the study, shall be notified to the General Secretariat of the relevant Management Board, the General Secretariat of the Ministry of Tourism, the Commission for Tourism, Article 30 of the Law. The Commission is aware of the fact that, in the case of the Member States, the Commission has failed to comply with the principle of proportionality.
3. If the measures referred to in paragraph 1 are taken, the road transport services are affected, in the case of the local area of the information referred to in paragraph 1, and the advice of the Organisational Urban Transport Agency. (OAU), for its area of competence or of the Transport and Communications Guidelines for the other regions of the country, while in the case of the tourist lee referred to in paragraph 2 in the responsible declaration of the study, Specific reference that the measures taken on the basis of the study do not cause any Malfunction in the service of these services.
4. Decisions of the competent bodies of the first two territories referred to in paragraph 1 and with the same procedure, as well as the study referred to in paragraph 2, may be determined, within the limits of the values and the limits laid down by the competent authorities of the Member States, in accordance with the procedure laid down in paragraph 2. Uth-theft of pedestrians or abscesses with Disabilities (A) or mild curfew. '
Article 21
1. Par. Article 1 of Article 1 of the Law Council Regulation (EEC) No 1963/1991 (1 138)
' 1. The authorisation for the establishment of a pharmacy shall be granted by the Directorate for Health of Regional Health at the headquarters of the pharmacy, by decision of the Regional Director and notified to the Pharmaceutical Association concerned. '
2. In par. Article 1 (2) of the Law Council Regulation (EEC) No 1963/1991 as follows:
' (e) the above documents for the establishment of a pharmacy may be submitted electronically by the applicant to the Directorate of the Directorate for Public Health of Regional Unity, the agent of the pharmacy. In the event of a failure by the applicant to submit the prescribed supporting documents, the latter shall be deposited by the applicant in the Directorate for Public Health of Regional Unity, the seat of the medicinal product. '
3. In par. Article 1 (4) of the Law 'Decision of the competent authority' shall be replaced by the following: 'the decision of the competent principal' shall be replaced by the following: '
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4. The par. Article 1 (5) of the Law Regulation (EEC) No 1963/1991 5. By decision of the Minister of Health may
Annex II and Annex II of the Annex to the Annex to the Annex are amended (1 70).
Article 217
Article 5 of the Law 5607/1932 (1 300) is amended as follows:
' Article 5
Applications for the establishment of a pharmacy shall be submitted electronically by the applicant to the electronic address of the Directorate for Public Health of Regional Unity, the seat of the pharmacy. In the event of an inability of the applicant to submit electronically, the latter shall be deposited by the applicant in the Directorate for Public Health of Regional Unity, the seat of the pharmacy. The applicant for a medicinal product must be within the range of
The application to submit to the Directorate-General for Health of the Regionality of the seat of the pharmacy, electronically or in the case of defence of the medicinal product, the legal justification provided for by law. In a different case, the application shall cease to be valid. '
Article 218
1. The par. Article 5 of the Law 1963/1991 as follows:
' 1. For the purposes of Article 9 of the Law. 5607/1932 (1 300) of a pharmacy license, must be submitted either electronically or manually, by the applicant to the Directorate for Health of the Regional Module of the seat of the pharmacy, with the relevant application for inspection of the site. (b) where the medicinal product is to be operated, the following justification:
1) Acknowledgement of the Engineer's Engineer according to par. Article 3 of the Law 4178/2013 (1st 174) in which the unique number of immovable property to be written in the information system of the building's identity is shown. Attestations certifying that they are not
There are arbitrary constructions. For areas which have been settled for a given condition, for a certain period of time, in accordance with the terms and conditions of the text of the text, the validity of the corresponding use as a condition shall be The duration of the period laid down in that legislation.
2) Acknowledgement of the Engineer in accordance with Article 25 of the Law. 4178/2013 (A΄ 174), to which the pure march (square metres) of the main use areas and other auxiliary spaces (e.g. toilet, storage, laboratory, etc.) accompanied by the following: a) Theoretical Copy of License Council of Europe
Building, (b) Factor of the sentenced person, intended for use
For a pharmacy, signed by Idiotis Engineer, to which the pure march (square metres) of the main use areas and other ancillary spaces will be captured, and (c) the status of the status, signed by Idiotis
Mechanical, where the net height will be captured. (3) A copy of an agreement by the
If you are not sure whether or not you are not sure whether or not you are not sure whether or not you are not sure whether or not you are not sure whether or not you are not sure whether or not you are not sure whether or not you are not sure whether or not you are not sure about this medicine.
(4) Acknowledgement of the Department of Fire Department that the store is equipped with fire safety or fire extinguishing agents. '
2. The par. Article 5 of the Law Regulation (EEC) No 1963/1991
Article 219
The par. Article 7 of the Law 1963/1991 is replaced by the following:
' 1. By decision of the Director-General of the Management Committee, the co-administration may be placed on the same list of more than one (1) in the establishment of pharmacies if the public authorities do not obstruct the public service and does not The function of a newly-operated pharmacy or the transfer of a pharmacy which is already in another position has been declared in this respect. In this case, the completion of the establishment of the pharmacy with the authorisation and the operation of the post should take place at a time of sixty (60) days, and the establishment and the establishment of the Agency should not take place. It is not an obstacle to the adoption of the proposed recommendation. It is also possible to allow the establishment of pharmacies under supervision by operating pharmacies as well as operating pharmacies between them. It is also permitted to co-operate in the same swallowed
Agents in the establishment or operating system and the establishment of warehouses or operating units between them. '
PART 2 OF THE PROVISIONS OF THE MINISTRY OF LABOUR,
SOCIAL SECURITY AND WELFARE
Article 220 Ministries of Finance, National Defence,
Public Order and Civil Protection, Marine and Aegean and Labour, Social Security
Insurance and Welfare
1. As of 1 January 2015, the domains of the Vocational Training Branch of the Technological Educational Institute of the Hellenic Ministry of Social Security (T.E.A.R.P.) are mandatory in the Uniform Insurance Fund (E.T.E.R.E.). It is governed by the provisions of its legislation and general legislation, as is the case at any time. In par. Article 43 of the EC Treaty 4052/2012 (1 41),
In the case of the case, the following are added (d) and (e) of the case (s), (f), (f) and (g), (g), (g) and (i), as follows:
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(d) One (1) representative of the insured persons who are protected by the WIPO, the WHO, the Panhellenic Civil Service, General Secretariat of the General Secretariat of the General Secretariat of the General Secretariat of the General Secretariat of the General Secretariat of the General Secretariat of the Commission of the European Communities. (e) one (1) representative of the pensioners, who are:
It extends from the secondary organisation of the Hellenic Gendarmerie National Insurance Fund, the Pan-Hellenic Association of the Honourable Urban Police and the Headquarters of the Fire Department. In the case of (b), (c) and (e) as indicated
In par. Article 43 of the EC Treaty 4052/2012 (1 41), as applicable, add cases to and live. The sections of the ICRC Insurance Industry and the Staff Insurance Fund of the Staff Regulations of the Hellenic Navy (T.E.A.R.I.E.) may, until 31 December 2014, following an agreed opinion of the representative bodies of the European Central Bank. In the case of non-compulsory insurance, it is necessary to take account of the fact that, in the event of the insolvency of the insured person, the person concerned is entitled to a pension under the legislation of a Member State. Having regard to Council Regulation (EC) No 3029/2002 (' 160), the reference to this paragraph of this paragraph shall apply. '
2. By joint decision of the Ministers for Labour, Social Security and Welfare and the competent Minister responsible, issued until 31.10.2014, following a unanimous opinion of the National Bank of accountancy, the technical parameters are defined by the Which will result in a coefficient of sustainability in order to avoid the creation of an annual deficit in the area and accrued basis for the Equity Fund of Civil Servants (MITP), the Special Branch and the Stock Exchange Account Army, Air and Navy (MOC, MTA, MTN) and set up any other necessary Marketing of medicinal products containing medicinal products for human use The Governing Council shall implement the adjustment of the benefits required to ensure a single annual deficit in the agencies. By 30 November each year, the competent Governing Board shall decide on the application of the adjustment for the financial year in accordance with the common commercial decision referred to in the first subparagraph of this paragraph and in the event of the implementation of the Management Board. The Council shall cease automatically within a period of seven (7) days from the beginning of each year of implementation.
3. From 1.1.2015 to all Directors-General for the Birth and Central Administration or of the State or of Public or State, which grant one-off benefits as specified in Article 14 (1) (b) and (f). The provisions of Article 18 (2) of Article 18 (2) of the Rules of Procedure of the Court of First Instance shall be applied in accordance with paragraph 2 of Article 18 (2). 4242/2014 (A50), as well as the ministerial decision F.80000/1093/26/12-2-2014 (B'313), as every time they apply. Especially for the ones given on account of the accounts of the Army, A-ergonomics, Navy, Welfare Branch, T.H.A.P.D. and J.A.L.C., the ministerial decision of the previous one incorporates a safeguard clause of the law.
Of these bodies following a proposal by the Minister for Foreign Affairs. The provision of the preceding subparagraph shall apply to applications for payment of a lump sum submitted by the lodging of the present in Vu-lis. In the event of the application of the rules laid down in the preceding subparagraphs, the governing body shall be set up within a period of seven (7) days from the beginning of each year of application. The bodies referred to in the first subparagraph of this paragraph
(b) until 31 December 2014, following a unanimous opinion of the most representative organisations of the insurance sectors and after drawing up a proportional study, they may act autonomously in legal persons governed by private law (NRC) compulsorily (a) Security referred to in Articles 7 and 8 of the Law. EC 12-1985, POINT 2.4.1.
4. As from 1 January 2015, revenue in favour of the form-of-trade insurance and provident insurance provided for in Article 22 (d) 1049/1949 (A195) and in Case 15b (1) of Article 150 of the Law Regulation (EEC) No 3655/2008 (' 58) and the provisions of Article 4 (2) (c) of the EC Treaty 2 cases in the n. Regulation (EEC) No 663/1977 (OJ L215), as amended by Article 24 (2). 2 per. In the n. Regulation (EEC) No 2145/93 (1988) and the provisions of Article 4 (2) of the EEC Treaty Point 5 of this Annex. 22/9/1956 (0209) are repealed.
5. At the end of Subparagraph IA.2, indent 3D of the first article of v. No 4254/2014 (A΄ 85/2014) are available as follows:
' The Governing Council shall apply the provision of benefits required in order to ensure that the pension is paid annually in the course of the year. By 30 November each year, the competent Governing Board shall decide on the application of the adjustment for the following financial year and in the case of implementation the Board of Directors shall be automatically terminated within a period of seven (7) days from the beginning of each year. Application year. '
6. The branches and sectors of supplementary insurance not included in the Single European Insurance Fund (EBRD) may be converted until 30.6.2015 following a unanimous opinion of the most representative organisations in the insurance sector; and Following an actuarial study, in legal persons governed by private law (NPISH), outside the General Government in accordance with the definition of the European Economic Area 549/2013 on the European System of National and Regional Accounts, Referred to in Articles 7 and 8 of the n. In addition, as from 1.7.2015, they are integrated into the EBRD, taking into account the technical characteristics of the subsidiary insurance of the liberal professions. By decision of the Minister for Labour, Social Security and Welfare, all relevant provisions are laid down in the implementation of this Directive. For the above mentioned sectors and sectors,
In the case of non-member countries, the proportion of the employer's contribution remains in-therate or decreased, without any direct or indirect financing or the provision of guarantees. General government or other non-contributory sources other than their own resources.
246
PART OF THE PROVISIONS OF A MINISTERIAL ORDER
ENVIRONMENT, ENERGY AND CLIMATE CHANGE
Article 221 Joint ministerial decision laying down fees
Environmental licensing
The par. 8 of Article 17 of the Law. 4014/2011 is replaced by the following:
' 8. By decision of the Minister for Economic and Environment, Energy and Climate Change, the amount of the cost-effective fees of the parafer 3, the procedure for collection and performance, and any other relevant details, are laid down. In particular the category and sub-category to which the project or activity and the overall budget of the proposed project have been classified. '
PART OF THE PROVISIONS OF A MINISTERIAL MEETING
JUSTICE, TRANSPARENCY AND HUMAN RIGHTS
Amendments to n. 3213/2003 and other provisions
Article 222
Article 1 of the Law EUR 3213/2003 is replaced by the following:
" Article 1 Applicable to a declaration
1. Declaration of their status, their spouses and underage children: The Prime Minister. The Heads of State or Government of the European Union
Member States shall apply to the national or European Parliament and to those receiving State funding. The Ministers, the Deputy Ministers and the Textiles -
Surgeries. D. Members and Members of the European Parliament. Those who manage the policies of the policies
In the case of cases of b. F. The general and special lines of the House and
Of the General Government, as well as officials or special-position officials and other servants who are placed under a name or a collective body. The commander and the sub-commanders of the National Guard -
President. - The next item is the report (Doc. Or ... The General Secretariat of the decentralised authorities;
The Committee of the Regions, the Committee of the Regions, the Economic and Social Committee and the Committee of the Regions, the Committee of the Regions and the Economic and Social Committee, the Committee of the Regions, the Economic and Social Committee and the Committee of the Regions. The Presidents, the Vice-Presidents, the Presidents and the
(i) members, regularly and deputized, of the Committees of the Parties, the Presidents and the members, the municipal councils, the Presidents, the directors of the Council, and the members of the Executive Board;
The administrative bodies and the Directors-General of public legal persons governed by public law, public or private public undertakings of the ODA and the associated entities, as well as the heads of the directorates-general; and Management of the municipalities. E. The Presidents, the Vice-Presidents, the Governors, the Vice-Presidents
Domiciles, executive members, directors or directors-general of legal persons governed by public law, public undertakings, public bodies, and legal persons governed by law, belonging to the State, or They shall, on a regular basis, benefit from State resources by 50 % of their minimum annual budget or management of which it directly or indirectly defines the Symposium by means of an act or as a shareholder. One: The Presidents, the regular and Subcommittee members
All the invitations to tender committees and the service of public services, including legal persons, legal persons, legal persons, legal persons of private law, belonging to the State, or At least 50 % of their annual budget or the administration of the funds shall be administered directly by state resources by 50 % of the annual budget or the management of the public with an administrative act or as shareholder, public undertakings and public bodies, where appropriate. Greater than the one hundred and fifty thousand (150,000) euro per competition, as well as Director-General and Director-General of the Directorate-General for State Affairs and the holders of positions of any organisational level of organic units before the public and the above legal persons in public and private In the case of public undertakings, public undertakings and public bodies. The same obligation applies to the President and the members of all the committees of the abovementioned bodies, which are governed by the provisions of the Law. 1418/1984 (A-23) and 00.609/1985 (1 223), since the project budget exceeds 300 000 (300 000). " L The Judicial and Prosecutors and Prosecutors
Members of the Legal Council of the State. The Commander, the Subcommanders, the members of the Executive Board,
Members of the Board of Directors of the Bank of Greece. The Presidents, the Vice-Presidents, the Director-General of
The Board of Directors, the Governors, the Executive Board, the Executive Board and the Directors-General of Credit Institutions and Financial Institutions as well as business and investment services. No, The President and the executive members of the Board of Directors
The Board of Directors of the Hellenic Stock Exchange (EFF) and the management position of the company in accordance with its current body or in accordance with a decision of the Board of Directors. The President and the executive members of the Board of Directors
The Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors of the Board of Directors, Council of the European Union The President and the executive members of the Board of Directors
The Council of the European Parliament, the Council, the European Parliament, the Economic and Social Committee and the Committee of the
247
The management position in accordance with the rules in force or in accordance with a decision of the Board of Directors in accordance with a decision of the Governing Council. The owners, shareholders, partners, presidents,
Directors and executive members of the Governing Board, the managers, and the Directors-General and the Director-General of News and the information of any form of business or companies, who hold a licit or general authorisation In the case of television stations, the free reception or the provision of all forms of service of television services, as well as the general public, as well as their main shareholders. - " The owners, shareholders, partners, presidents,
Directors and executive members of the Governing Board, the managers, and the Directors-General and the Director-General of News and the information and information of any form of business or companies, who are engaged in disseminating information, or are publishing Daily or periodical forms of pan-European or local traffic, as well as their main shareholders. The financialmembers of the associations concerned;
The Committee of the Committee of the Rules of Procedure, the Committee of the European People's Party and the Committee of the Rules of Procedure, the Committee on Legal Affairs and the Committee of the Rules of Procedure, the Committee on Legal Affairs and the Committee of the Mrs. .. Managers and Managers Managers
They serve in hospitals and the Health Centres of the National Health Service (NSAs), in military hospitals, in university hospitals, clinics and laboratories, as well as on the Primary National Health Network (EDED). B. The Presidents, members and Heads of State
Directorate-General for the Directorate-General for Research and Development, including the independent administrative and regulatory authorities, the Competition Commission, the Commission and the Inspector General, and the Inspector General Management and its assistants. Other: The Chiefs, Deputy Chief, branch managers of the Ye -
National Defence Staff, General Staff, Army, Navy and Air Force, the judges of the judiciary of the Armed Forces, as well as the Director General and the Deputy Director General of the General Directorate-General for Defence and Investment, Ministry of National Defence. The leaders and the lieutenants of the Greek Star -
The Committee of the Regions calls on the Commission and the Member States to take the necessary measures to ensure that the results of the studies are carried out. The police staff, the border guards,
The special guards and civil servants who served in the Greek Police, as well as the staff of the Fire Department. The staff of the Leigh-Hellenic Soma-Greek -
The Committee of the Regions calls on the Commission and the Member States to take the necessary measures to reduce the risk of exposure to the environment. Staff of the Interior Ministry -
Of the Greek Civil Service and of the Greek Coast Guard-Greek Coast Guard. The Department of Corrections and External Relations
Guards of the detention centres. Kth. The products of the Forestry and Forestry
And/or
L - The members of all Inspectors of Inspection and Eleventh of the Dome, the heads of organic units of any Inspection Service, Internal Audit or Internal Affairs of the Dept. Of the Dept., of the NIFs, and of the NIFs and of the DOA and BF, as well as the Officials of such bodies exercising any audit function. Come on The Directors-General of the Ministry of Economy -
The Directorate-General for Research, Technological Development and Energy (D. c.) of the Centre for the Control of the Centre for the Control of Large Plates (NTUA) of the Centre for the Control of Large Enterprises (CIC), the Centre for the Control of Large Enterprises (CIC), the Heads of State or Government of the Directorate-General for the Environment, Public Health and Consumer Protection, the Heads of State or Government of the Centre for the Development of Vocational Training (CEC), the Centre for the Control of Large Enterprises (CIC), the Centre for the Control of the Great Business (CIC), the Centre for the Control of Large Enterprises (CIC). Head of the Audit Division and all officials serving in the departments of the above-mentioned departments, as well as all the officials carrying out audit functions and serving in these departments, the Head of Division of the Audit Board. Office for Official Publications of the European Communities, Directorate-General for Customs Heads of the General Affairs and Customs Administration of Customs offices, all customs officials carrying out audit functions, the Heads of State or Government, as well as the officials of the Customs Services Customs (EL.P.S.) and the Monitoring and Control of the Anastaltic Registers (IFRSs). As well as the heads of the organic units of the GOI. Lb. The heads of the operational Directorates -
The Committee of the Regions, the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee and the Committee of the Regions. C. .. The agents and staff of the organic
The Committee of the Regions calls on the Commission to set up a European Agency for the Evaluation of Medicinal Products in Local Government. The staff of the Special Secretary of State
On the other hand, the Court of Justice of the European Union, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice and the Court of Justice of the European Union. Ile! The President and the members of the Sports Club
Or persons who are members of the Management of Athletic Anonysus (A.A.) or the Sports of Athletes (HR) or are entrusted with the management of HR or are shareholders with an overall rate of more than 1 % of its participation. Chapter 1 Where such participation rate is part of a legal person governed by private law or company, the obligation to submit a declaration of property shall be heavy-bearing the Chairperson and members of the Board of Directors. Lst. The assessed arbitrators, arbitrators and arbitrators
Observers of the Arbitration of Professional Sports and those involved in the respective organs-to the arbitration panels, as well as the President, members of the Professional Sports Committee and their alternates. Lz. The President, the Presidents of the Presidents, the Presidents of the Council and the Commission,
If you are a member of the Committee on the Environment, Public Health and Social Affairs, the Committee on Legal Affairs and the Committee on Legal Affairs and Article 14 of the Law 2190/1994 (ΦEK 280 A ') as applicable,
248
Legal persons governed by private law, provided that such legal persons are bodies for the award and execution of public works or the award and preparation of public works. Lei. The Heads of Directorates-General, Director-General,
The General Secretariat of the General Secretariat of the Ministry of Infrastructure, Transport and Public Works as well as in accordance with Articles 28 (d) 609/1985 (A-223) and 15. (') Regulation (EEC) No 716/1977 (1 205) as regards the functions of public works and works of public works. The respective positions at the Court of Justice, the legal persons governed by public law and the private persons governed by private law, provided that the law or the body of the Ministry or the legal person concerned has competence-related to the delegation. Public works or projects of public works or to carry out the duties of supervised public works or studies. Lth. The owner, the Partners, the Main Shareholders, the
Administrative members and management of Greek enterprises entering into public procurement, as well as natural persons, who have their permanent residence in Greece and bear any of the above properties. Foreign undertakings which enter into public contracts, as their object exceeds the amounts mentioned in the case of a case-by-case basis. Lli. The members and rapporteurs of the opinions of opinions
Having regard to the proposal from the Commission to the Council, the European Parliament, the Economic and Social Committee, the Economic and Social Committee, the Economic and Social Committee and the Committee of the Regions on the proposal for a European Parliament and Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions. Competitiveness.
, The heads of the Directorate-General for Foreign Administrations.
Au: Members of the Committees of Senior Investigation Committees.
Ed? The Chairman and members of the Management Board of the Information Society, Directors and Deputy Directors of Business Units. The members of the National Aid Assessment Register and other external partners involved in evaluations, Highways and Actions for State Aid Actions, the Presidents and the Members of the Commission The Committee of the Committee of the Environment, Public Health and Consumer Protection and the Committee on the Environment, Public Health and Consumer Protection and the Committee of the Environment, Public Health and Consumer Protection and the Committee of the Environment, Public Health and Consumer Protection. The Head, the Deputy Head of Unit and the Heads of Unit of all Special Services and other bodies carrying out tasks or management, implementation, coordination and audit activities in the context of the co-financed Of the 2007-2013 and 2014-2020 actions.
Ed. The Head of the Audit Service of the Court of Auditors.
I dic The heads of Directorates of the Financial Control Services (PSO) of the Secretary-General of the State.
The Chairperson, members and staff of the Authority
The Committee of the Regions and the Committee of the Regions, the Economic and Social Committee and the Committee of the Regions, the Economic and Social Committee and the Committee of the Regions.
D). The President and the administrators of Non-Governmental Organizations (NGOs), granted by the State.
)? The staff of the National Medicines Agency (EMEA), the Single Food Control Agency (EFET), the Hellenic Agency for Tourism (EOT) and the Agency for the Payments and Control of Community Support and Guarantee (OPEKEPE) The tasks of auditing or award of each form and the superiors of the above-mentioned services.
Page 1. Any other person for whom an obligation to submit a declaration is provided for by a special provision.
2. The declaration referred to in paragraph 1 shall be submitted by the obligors to ninety (90) days after the acquisition of their status (initial declaration). In the years to come, the declaration shall be submitted each year during the term of office, activity or maintenance of the status of the obligors and for (1) year, in particular for the obligors of the cases referred to in paragraph 1. For three (3) years, after the loss or expiry date, and no later than three (3) months after the date of submission of the income tax declaration.
3. The month of February each year shall be transmitted, where appropriate, to the competent control bodies of the controlled persons. The list shall be drawn up by the Speaker of the House for the persons referred to in subparagraphs (a) to (1) and (1) of this Article and by the Ministry of Defence, the Secretary-General of the decentralised authority or the administrative board. The legal person for persons who are subject to the institution or the person who is subject to supervision and in any other case by the administrative bodies of the institution concerned. The control body may request any service, entity or legal person or entity possessing data for persons covered by paragraph 1, a list of the persons concerned.
4. Incontentitions as to the property of the debtor are resolved by an act of the relevant control or audit equipment, issued within one (1) month following the submission of an application by the interested party or bodies, which are competent to submit In the preceding paragraph, of this Article, a situation of obligor. '
Article 223
Article 2 of the Law EUR 3213/2003 is replaced by the following:
" Article 2 Contents of a statement of assets
1. A. The statement of property contains, in detail, the underlying assets at 31 December of the preceding year and the rest of the world. In particular, the initial statement of
249
It shall take the existing ones at the time when the assets are submitted. As assets, they are considered, in particular: i. The revenue from every source. Other: Real estate, as well as the right to rights
In these, with precise determination. Iii - The shares of foreign companies and foreign companies,
The names and accounts of each species, the share of the funds of any kind and the derivatives of financial products of any kind.
Iv. All kinds of deposits with banks, negotiators and other credit institutions, as well as any financial or insurance products and equity participation in venture capital or investment funds (funds) and trusts (trusts)
V. Floating and air transport, as well as any use of vehicles.
Vi. Participation in any kind of company or enterprise. I. In case of acquisition of new assets -
The amount of the relevant expenditure, including a detailed description of the source of origin of the resources concerned, shall be included in the declaration. In the event of a disclaimer, the amount received shall be recovered.
Other: The statement refers to the personal, service and tax information of the obligors. The persons liable shall refer to the competent control body copies of the supporting documents on request.
Other: After the initial statement, in their annual declaration, the obligors shall declare only the changes in their assets during the time of the declaration. The declaration shall be submitted by the obligor and sub-programmes;
It is by him, for his own assets, his wife, for her own information, and for their spouses, for the assets of their female children. The declaration shall be accompanied by a copy of the debtor's tax return for the previous year and a copy of the last E9 submitted to the TEC. Other: The notaries are required to submit
To the President of the Commission referred to in Article 3A, a copy of each document drawn up, drawn up by them, to whom the obligation is taken or to be transferred from or to a judicial or prosecutorial office, spouse or child, any Property, movable or immovable property, or right. The same shall apply to the acceptance of an heir.
2. The statement of assets shall be drawn up in a special form, the content of which shall be determined, for the purposes of the cases referred to in Article 3 (1) (a) by a decision of the Speaker of the House and for others. (ii) obligated, by joint decision of the Ministers for Economic and Justice, Transparency and Human Rights. It may be stipulated that the declaration is electronically transmitted via a single special application, in which case the case shall be determined by the case-in-case and shall specify any necessary for that purpose. Safeguards for persons and conditions of access to their data and any transitional arrangements. Statements are subject to electronic processing
By a self-contained specific database, after which the whole of the assets must be clearly indicated;
(i) the data and their value by category of property, as well as the acquisition year. To be processed, take into account, if available, the acquisition value.
3. The statements of assets of the persons referred to in points (a) to (1) of Article 1 (1), and of the General Secretariat of the From-centre Administrations, of the Regions and of the Directorates-General, shall be made public in the process; (i) the place of the Parliament with a view to the President of the Commission referred to in Article 3A, which shall determine the subject-matter of the disclosure, in particular the form, the press, the publication of aggregate or non-publication, the duration of the suspension and each other; Other necessary information. In all cases, such data which are capable of causing damage to the life or property of the public and family members (such as home address, transport, transport, tax, tax, etc.) are excluded from publication. Data, etc.). The publication of the published data in the Mass Media is authorised provided that the whole of their information is published. In any event, selective disclosure of a name is not permissible. A breach of this provision shall be granted beyond the prescribed prison sentence of Article 7 (2) and with a financial penalty of EUR 5 000 to EUR 100 000.
4. Deficiencies or inaccuracies of the statement may be supplemented by the person responsible for the period prior to the entry into force of the declaration by the competent control body. '
Article 224
Article 3 of the Law EUR 3213/2003 is replaced by the following:
' Article 3 Instruments and procedure for checking declarations
The assets and liabilities
1. The statement of property of the persons referred to in Article 1 (1) shall be displayed and checked as follows: (a) the persons referred to in the cases referred to in paragraph 1.
(a) (a) to (c), (a) to (f), (f), (f) and (g) of Article 3A, (b) of the persons referred to in the cases
(c) the persons referred to in the cases referred to in Article 1 (2) and (d) to the General Inspector of the Administration, (c)
(c) to the supervision of the Office for Official Publications of the Hellenic Police Office of the Court of Appeal of Athens, who shall be assisted by the relevant department (d) of the persons referred to in the case;
To the Prosecutor of the District of Piraeus, who is appointed by the Head of the Public Prosecutor's Office, and is assisted by the Ministry of Internal Affairs of the Ministry of Internal Affairs of the Greek Coast Guard.
2. The verification of the original declaration concerns the establishment of the true content for the existing at the time the assets are submitted. For subsequent years the audit, in addition to finding the true content of the declaration, includes, in
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In all cases, the calibration, if the acquisition of new assets or the augmentation of existing assets, is estimated by the amount of all revenue, in conjunction with the cost of living of the accounts in a declaration of persons. The declaration shall not be considered to be inaccurate or incomplete in the event of a minor inaccuracy or lack or if, at the invitation of the inspection body, the legality of the source of origin of the inaccurately declared element shall be demonstrated.
3. In cases of sampling or contemporaneous control, the control body shall take into account the risk analysis techniques using information systems. The audit body shall draw up a summary and/or specific-thematic audit programme, without prejudice to the possibility of their performance in regulars (as referred to in paragraph 2 (a) and if appropriate).
4. During the course of the audit, the control body may invite the control of the controlled substances to give due notice or to add additional static data within a time-limit which may be extended.
5. Referred to in Article 5 of the Law. 3691/2008 persons have an obligation to inform without delay the competent control bodies referred to in paragraph 1, when they are aware of or have serious indications or suspicions that it is being committed, attempted or attempted to be committed Any withdrawal of the obligations of the controlled substances arising from this law or its delegated ministerial decisions.
Article 225
After Article 3 of the v. Article 3A is added as follows:
" Article 3A Committee for the Control of Property Statements
1. The audit of the assets of the persons referred to in Article 3 (1) of Article 3 shall be entrusted to a control committee acting as a special institution. The Commission is independent, it has an administrative and financial autonomy and consists of seven (7) members with equal pay ments. Its seat shall be determined by a decision of the President of the Parliament.
2. The Commission shall be composed of: (a) Vice-President of the Parliament, as President, with the
(b) the Second Vice-President of the Parliament, as a member of the Executive Committee,
(c) Aryopagite as a member, acting as a member of the Deputy Chairperson of the Conference of Presidents, (c) Areopagite as a member of the Executive Board.
(d) The Court of Auditors, as a regular
A member, with his deputy, appointed by decision of the Supreme Court of Justice of the courts in the courts following a question by the Minister of Justice, Transparency and Human Rights,
(e) Deputy Governor of the Bank of Greece, as a member, with his deputy appointed by a decision of the Governor, following a question by the Speaker of the House.
(g) The President of the Permanent Committee for the Protection of Human Rights and Fundamental Rights of the Committee of the Regions as a member of the Committee of the Regions.
Transparency of the House as a regular member of his payer. Members of the Commission shall be full members of the Commission.
The Committee of the European People's Committee on Employment and Social Affairs and the Committee on Employment and Social Affairs and the Committee on Social Affairs, Employment and the Working A staff member of the Commission shall be appointed by the Commission.
It shall take part in the service referred to in paragraph 4 by decision of the President of the Commission. By decision of the Speaker of the House of Parliament,
The Court of Justice of the European Communities shall determine the extent to which Member States are not fully engaged in full and exclusive employment, as well as the Secretariat of the Commission, which may not exceed the limit laid down in paragraph 1. Article 21 of the EC Treaty 4024/2011 (P. The appropriations for the operation of the Commission and the service referred to in paragraph 4 shall be drawn up in the budget of the Parliament in the same body. The President of the Commission shall be the principal of the expenditure concerned. Financial management shall be regulated by a specific financial regulation established by the Commission and approved by the Speaker of the House.
3. The Commission shall be set up by a decision of the President of the Parliament. The Judges of the Commission shall be appointed for a term of two (2) years, which may be renewed for up to two (2) years. During the first application, the Arreopagite member and his alternate shall be appointed for a term of three (3) years. The Governor of the Bank of Greece is appointed for four (4) years. In the case of general parliamentary elections, the Commission shall be constituted by the election of the Bureau of the new Parliament. Any promotion of judges shall not affect their participation. In the event of a vacancy, the alternate shall exercise the duties of a member of the regular member to the definition of a new member.
4. The Commission shall support a specific address level service subject to the President of the Commission. The decision of the Speaker of the House determines its structure and the scientific, administrative and herbal staff, the posts, the number and the responsibilities. Their positions shall be met with extracts from the public, the legal persons of public law and the Bank of Greece, which shall be carried out in accordance with Article 25 of the Law. 4024/2011, by decision of the Speaker of the House, following a proposal from the President of the Commission and, in the last case, the Governor of the Bank. The period of secondment shall be three years, may be renewed for a period of three years, and shall be mandatory for the official's service of origin. The Committee of the European People's Republic of
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The Committee of the Committee of the Committee on Legal Affairs and the Committee on Legal Affairs and the Committee of the Party of European
5. By decision of the Speaker of the House, which is published in the Official Journal of the Government, each issue deals with the organisation and operation of the Audit Committee and the Special Service. '
Article 226
After article 3A of the v. Article 3B is added as follows:
' Article 3B Commission function
1. In the context of the audit of the statements of property, the Commission referred to in Article 3A may ask the persons liable for all the information necessary for the performance of its tasks, including those included in it. Information relating to certain categories of agreements or activities of natural or legal persons or entities of the foreign or foreign country, their public funding, private and public contributions or offers. The Commission shall evaluate and investigate the information transmitted or in any way as to the submission of declarations, inaccuracies or comments. The Commission shall have access to any form of public authority, service or institution which monitors and processes data, as well as in the "Tiresias", and may request, in the context of audits and investigations, cooperation and experience. Data of all kinds by natural persons, judges, investigatory or investigatory authorities, public services, public or private persons, public or private law and bodies of any form, obligation of all parties to the direct supply of the above In the case of non-cooperation or non-compliance, the competent authorities shall inform the competent authorities of any cooperation or non-compliance. In accordance with this law, they shall be entitled to their obligations. The Commission shall not, during its studies and investigations, apply any bank, financial, fiscal or professional secrecy, without prejudice to Articles 212, 261 and 262 of the Code of Criminal Procedure. In any event, and if necessary, the Commission shall be assisted in its work by an ad hoc Advocate-General. 4139/2013, proposed by the Prosecutor-in-Office of the Commission.
2. The Commission shall check all the declarations of the persons referred to in Article 1 (a) and (1) of Article 1, the General Secretariat of the decentralised authorities, the regional authorities and the public authorities of more than 50 000 inhabitants; and It shall conduct sampling or targeted checks for the other categories of its competence, in accordance with Article 3 (3). In selecting the sample, the Commission may give priority to specific sub-categories of persons based on risk analysis techniques.
3. In order to carry out its tasks, the Commission may entrust the carrying out of an accounting or financial audit or other audit function;
In the case of auditors and experts, they shall examine the details of the statements and the corresponding supporting documents in detail and provide a detailed report submitted to the Commission to assist the project. To the same end, the Commission may request the assistance of any public audit authority by specifying its own body.
4. At the end of each audit, the Commission shall decide whether to put the case in the file or to forward it to a reasoned and impartial conclusion to the competent prosecutor, provided that the evidence is justified and sufficient. If there is a case of accounting, the definition shall also be sent to the Secretary-General of the State to the Court of Auditors and the Court of Auditors is deemed to be required to carry out an investigation on tax or other authority or service, the definition of which shall be sent to the Court of Auditors. To them. In the case of a case raised in the file, it may be retracted only if any new facts justifying the re-examination or re-examination of the case by another investigation by the Commission may be relied on or reported.
5. The screening process is confidential. In the performance of their duties, the President, the Members, the staff of the Commission and the persons referred to in paragraph 3 shall be obliged to respect the principles of non-discrimination and impartiality and to refrain from examining cases for Where there is a potential for conflict of interests or to which persons are involved in a relative or familiar form. They have a duty to observe the confidentiality of information on which they are informed in the performance of their duties. This obligation shall be maintained and after their appointment by the Commission or the discharge of their duties in respect of the persons referred to in paragraph 3. Infringes of the above-mentioned duty of not less than three (3) months in prison.
6. Anyone who provides, in any way, the audit work and in particular refuses to provide information to the Commission or auditors with a minimum of six (6) months of imprisonment.
7. By decision of the Speaker of the House, which is published in the Official Journal of the European Communities, it is set out in each specific subject matter, in the audit process, as well as to the organisation and functioning of the Commission for the purpose of monitoring The financial situation of the above-mentioned persons. '
Article 227
Article 6 of the Law EUR 3213/2003 is replaced by the following:
' Article 6 Non-submission or submission of incorrect declaration
1. Chargeable to a declaration that omits to submit a declaration or submit inaccurate or incomplete declaration of imprisonment and with a financial penalty up to one hundred thousand (100,000) euro. In the event that the person obliges the debtor for the purpose of hiding property
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An element that acquired a benefit of its own capacity, with a minimum of two (2) years in prison and with a financial penalty from 10,000 (10,000) euro to five hundred thousand (500,000) euro.
2. The person responsible referred to in the second subparagraph of the preceding paragraph is paid up to ten (10) years and with a financial penalty from twenty thousand (20 000) euro to one million (EUR 1 million), if the total value of the deckminated property Of the same person and of the other persons to whom he may lodge a declaration above a total of three hundred (300,000) euro, regardless of whether or not the concealment is attempted by the submission or submission of incomplete or inaccurate Declaration;
3. If the acts referred to in the first subparagraph of paragraph 1 have been completed, financial assistance shall be applied. The Court of Justice or the Court of Justice, having freely given all circumstances, may judge these charges.
4. A third party who knowingly agrees to the inaccurate statement and, in particular, to the omission of a declaration of assets held by the holding and the financial penalty.
5. The natural persons and officials of the legal persons referred to in Article 5 of the Law. For the purposes of Article 3 (5) of Regulation No 3691/2008, the obligation to notify paragraph 5 of Article 3 of this Regulation shall be subject to imprisonment for up to two years. '
Article 228
Article 12 of the Law EUR 3213/2003 is replaced by the following:
' Article 12 Catalogy
At the expense of the controlled amount, a financial amount to the value of an asset has been acquired by the owner himself, his spouse or his minor, provided that the origin of the property is not justified. The debiting shall be made in favour of the Court of Justice of the Court of Justice in accordance with the provisions in force. The occupant is excluded if the asset has been published in accordance with Article 9 (3). '
Article 229 Declaration of economic interests
1. The obligor in a statement of assets in n. Having regard to Council Regulation (EC) No 3213/2003, with the exception of the annual declaration, shall, in the same period, state the declaration of economic interests of their own and their spouses, including: (a) their professional activities;
(c) any regular activity of individuals and companies, associations of individuals and non-governmental organisations;
Where they are taking part in the exercise of their nobles either as employees or as self-employed persons;
(d) any incidental activity (including the author's activities, the teaching work or the provision of advice) in parallel with the exercise of their duties, if the total value exceeds the amount of the contract; EUR-000 (EUR 5 000) per calendar year, e) participation in a company or a joint venture,
Participation may have an impact on public policy or when it gives the person liable to have a significant influence on cases of the said company or contract, f) in the case of persons serving in
Public position, any financial contribution by third parties, personnel or material resources, granted in relation to their public activity, indicating the identity of those third parties, if the total value exceeds three (g) any particular financial interest in the form of a financial contribution (3);
Which have caused a direct or potential conflict of interests in relation to their duties. A conflict of interests means the case in which a debt has a personal interest which could affect the performance of its duties. A conflict of interests does not exist in the event that the obligor derives a benefit only as a member of the general public or a larger category of a-to-the.
2. The statement shall include the interests and activities of the above cases concerning the preceding financial year. The declaration shall be signed separately by the obligor or spouse for the evidence.
3. The declaration shall be made out in a special form, the contents of which shall be determined by the decision of the paragraph. Article 2 of the Law NO 3213/2003
4. In the cases provided for in the financial statement of the declarations of assets, it may, under the same conditions, be published and details of the declarations of financial interests.
Article 230 Transitional provisions
1. Any provision which is contrary to the provisions of Articles 222 to 229 of that law shall be repealed.
2. Applicable provisions containing referral to categories of persons referred to in Article 222 shall not be affected and shall be deemed to be the relevant block a-time in the relevant category of persons as referred to in this law.
3. Article 1 of n. No 4065/2012, as is the case, shall not be affected by the provisions of this law.
Article 231 Modification of provisions of n. 4249/2014 (73)
And other provisions
1. In the fourth paragraph of paragraph 1. Article 13 (1) of Law No 4249/2014, after the word hierarchy, shall be added to the "military equivalent".
2. The title of Chapter II and Article 15 of the above law shall be replaced by the following:
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'CHAPTER B' GENERAL STRUCTURE-GREEK LEADERSHIP
POLICE OFFICER
Article 15 General structure, seat, mission
1. The Greek Police is composed of central and regional agencies.
2. Central Services are: a. The Headquarters of the Greek Police, b. The following Services, which have administrative
Self-optimal and administratively under Headquarters: aa. Management and Analysis Management
The Committee of the Environment, Public Health and Consumer Protection and the Committee on Legal Affairs and Citizens'Rights and the Committee on Legal Affairs and Citizens' Rights and the Committee on Legal Affairs and Citizens' Rights. The Directorate-General for Protection of Food and
Aims, the Directorate for Economic Police and the Directorate of Special Urban Powers, the departments are supervised and controlled by the Deputy Chief of Staff, γc. The Directorate-General for Economic and Financial Affairs;
A visa, which is supervised and supervised by the Head of Staff, ss. The Cyber Crimes Unit, the
Which is supervised and controlled by the Head of the Security Branch.
3. Peripheral Services is the Directorate-General for Attica, the Directorate-General for Thessaloniki, the General Regional Civil Service and the Services falling within them. The French Urban Directories of Attica and Thessaloniki and the Regional Police Directorates are directly responsible for the headquarters of the Greek Police and are supervised, directed, coordinated and controlled by the General Inspectors of Police of Northern Greece and of Southern Greece, in the field of justice.
4. The HQ of the Greek Police is based in the capital of the State and is the top-of-the-line Service with which the Head exercises the management of the Soma and, at the same time, the Head of the Central and Regional Services They form the Greek Police. The work of the Court of Justice is to bring about the performance of the mission of the Body in the framework of the policy and direction of the Ministry of Public Order and Principle of the Civil Service and to that end. Monitor, direct and control the action of its Services and ensure the conditions for the exercise of their responsibilities.
5. The HQ of the Greek Police is a self-contained service and is structured in the following branches: a. Class of action, b. Security branch, c. Alien and Border Protection, d. Administrative Support and Human Rights branch
It should be used as a means of treatment. Council of the European Parliament and of the Council
Formic. 6. At the Headquarters of the Hellenic Police Service
There are also:
A. .. The Joint Chiefs of Staff (EOD). Other: The Single Coordination Centre for Enterprise and
Crisis management (E.S.K.E.D.S.). Other: The offices of the Deputy Commissioner, the Head of the Staff
The Court of Auditors and the General Inspectorate. 7. The structure of the Headquarters in Dii -
Operations and Directorates-General, as well as the structure of the other departments of the Headquarters, the independent Central Services and the Peripheral Services of this Article, shall be set up by the President-in-Office of the Council. The provisions of paragraph 1. 1 of Article 39 of this law. The provisions of the same Presidential decree shall be regulated and the questions of headquarters, equivalence, competence in the field of Services and Institutions and in general all relevant to the organisation and operation of these departments. '
3. After par. In Article 22 of the same law, paragraphs 5 and 6 are added as follows:
' 5. This is the prosecutor's office. Article 4 of the Law The Committee of the Environment, Public Health and Food Safety Directorate-General for the Environment, Public Health and Food Safety Directorate-General for the Environment, Public Health and Food Safety Directorate-General for the Environment, Public Health and Food Safety and Health Of women and men.
6. In exceptional cases during a preliminary examination or preliminary examination carried out in the framework of the responsibilities of the Directorate-General for Information and Analysis and Analysis of the Specific Criminal Matters of Violence shall apply, mutatis mutandis, The provisions of Article 6 of the Law. As amended and in force, Regulation (EEC) No 2713/1999 (' 89), as well as Article 3 of the Law. (') SEE PART ONE. For the purposes of applying the provisions of the preceding subparagraph in Article 6 of Regulation (EC) No 2713/1999, the prosecutor's office of Article 3 of that law shall be construed as the function of the preceding paragraph of this Article. '
4. Article 30 of the same law is replaced by the following:
" Article 30 General Urban Addresses of Attica and
Thessaloniki and General Regional Police Directorates
1. The Regional Services under the auspices of the Greek Police Headquarters are: The Directorate-General for Attica (G.A.). Other: The General Police Directorate of Thessaloniki
(MILLION ECU) Other: The General Regional Police Directorates-General
(PEA) Eastern Macedonia and Thrace, Central Macedonia, Western Macedonia, Epirus, Thessaly and North Aegean, which with the G.A. plus-pose, in terms of their spatial planning, the "The-sector of Northern Greece" and are supervised, Coordinated and controlled by the Chief Inspector of Police of Northern Greece. D. The General Regional Police Directorates-General
(GE.P.A.) Solid Greece, Western Greece, Ionian Islands, Peloponnese, South Aegean and Crete, which together with the G.A. make up, in terms of space -
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Their class of class, "The South of Greece" and which are suspected, are coordinated and controlled by the Greek Police Inspector of Southern Greece.
2. The above-mentioned Services have as their task within the limits of their local jurisdiction, the exercise of all police responsibilities as determined by the provisions of Article 11 of the present law.
3. The General Directorates of Attica and Thessaloniki are based, respectively, in Athens and Thessaloniki and are set up by their final Service and the Directorates that belong to them. Similarly, the General Regional Police Directorates-General are set up by their respective departments and the Directorates of Police Officers of their region. The Directorate-General for Police Officers shall be assigned to the General Regional Police Directorates-General and shall within the limits of their territorial jurisdiction the set of police responsibilities. General Regional Police Directorates and Directorates-General for Police Officers are located where the Delegates-General Regional Directorates-General and the Police Directorates-General operated until its entry into force. This is a law.
4. Regional Services of par. 1 of the present article, for the purpose of achieving a more effective performance of their tasks and for dealing with events or emergencies, may, by order of the Head of the Hellenic Republic, have a relevant recommendation from the General Secretariat of the Council of the European Communities. Inspectors of Civil Service, to set up Special Business Items, Police Officers and Services Cleaners, that Mobile Police Units (K.A.M.), Crime Prevention and Suppression of Crime (IFRSs), Two Cycle Detection groups (DAS), Elephant and Accident Prevention of Accidents (O.E.P.T.A.), groups Special Actions (O.E.D.), Special Section for Migration of Immigration and Clams of Services. Specific issues relating to the composition, education, equipment, affiliation, operational action and general operation of the units, units and their branches shall be regulated within the framework of the preceding subparagraph.
5. The Services referred to in paragraph 3 of this Article shall be determined by the Presidential Decree, which shall be adopted in accordance with the provisions of paragraph 3. 1 of Article 39 of this law. Provisions of the same Presidential decree shall be regulated and related to the organisation and functioning of these matters. '
5. Article 35 of the same law is replaced by the following:
" Article 35 Coordination of Services, grades of administration
1. The Head of the Greek Police exerts the performance of the Soma and directs, monitors, and includes the operation and action of the Greek Police Service in the performance of their mission. In this context, in serious cases and in the context of such a statement by the General Inspectors A-stein, it may order the business act;
To support any Agency's Service and to areas other than their local competence.
2. The Deputy Chief Executive is a direct assistant to the Chief who assists in the performance of his/her duties and supervises, coordinates, directs and controls his self-contained central services.
3. The Head of Staff assists the Chief and the Chief of Staff in the performance of their uniform, presided over by the Staff and supervises, coordinates, guides and controls the branches of the E-staff and the self-appointed Directorates of the Staff Regulations. Articles 28 and 29 of this law.
4. The General Inspectors of Northern and No-o-Northern Greece assist the Head and the Chief of the Body in the performance of their duties and, in the performance of their duties, coordinate and coordinate, and supervise, the regional and local authorities. Services of the Northern Greece and Southern Greece, as defined in (c) and (d) (d). Article 30 of this law.
5. General Urban Managers of Attica and Thessaloniki, the General Regional Police Director, Directors or Heads of the Self-Charges or Non-Central Services, and Directors, Governors or Heads of Regional Services They shall manage, manage, or manage their Services, coordinate and control within their jurisdiction the work of the employees and their staff for the purpose of the performance of the mission. Of the
6. The Chief of Greek Police has brought the degree of Lt-Gen Police. The same degree is provided by the Deputy Chief, the Head of Staff and the General Inspectors. The Deputy Chief is the oldest after the Chief Constable Police.
7. The Heads of Staff of the Joint Chiefs of Staff, the Director General of Attica and Thessaloniki and the Director General of the Directorate-General for Food and Forestry Targets bear the degree of Major General Astronomy. At the same time, up to two of the number of senior officers, who are appointed as assistants of the Head of Staff and are older than the Head of the Staff of the Staff.
8. General Regional Police Managers, Directors of the Directorate for Security of Attica and Thessaloniki, the Directors of the Directorate for the Defence of Special Crimes of Violence of the Directorate for Economic Police and the Department of Narcotics Electrotechnical Crime, as well as the health officer who is the Director of the Department of Health, carry the grade of the Maj-Gen or the Brigadier General.
9. The Directors of the Management of the Clans and the Managers of the Central and Regional Sectors of the Directorate-level bear the degree of Travel-Policyor the Police Director. Also, the degree of Brigadier General Police or the Police Director shall also be placed as assistants of the General Police Directors of Attiki and Thessaloniki, the General Peripherals A-stand-up Directors and the Directors of the Security and Security Division of Thessaloniki. In situ -
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Of up to three of the number of assistants of the General Regional Police Managers are assigned, respectively, the tasks of coordination, supervision and control of the Services of the relevant Directorate-General for the Directorate-General for Enterprise, Order, security or foreign and security policy. As assistants of Directors of the Directorates of Police Officers shall be assigned to the degree of the Assistant Director or Assistant Assistant Director.
10. Managers, Supervisors or Directors, as applicable, of the Self-Employed or Service Level Service, as well as the Masters of the sections of the Management Classes of the Staff of Supervisors, shall be assigned Police Managers or Police Officers; Director or Police A΄.
11. Governors or Heads of Central and Regional, Self-Duty or Non-Service Level Services are placed Police Deputy Directors or A-Steward II or Police II or Police Officers I and II. Managers of the Ad-level Services Officers'and B' or Florist-Chief Guards are placed in position.
12. Managers of the Communication and Staff Regulations are assigned civil servants who have the conditions laid down by the applicable provisions. The Directorate for Technical Information may be assigned a Director and a political officer. Potential officials of the IP, TE and IPs in accordance with the Rules of Procedure shall be placed in positions of heads of central and regional authorities of the Hellenic Police.
13. The highest axities of the Greek Police are placed in a decision by the Head of the Soma. The placement of the Heads of Staff and General Inspectors shall take place irrespective of their order of seniority. '
6. Paragraphs 3, 4 and 5 of Article 36 of the same law shall be repealed and paragraphs 6 and 7 of the same Article shall be replaced in paragraphs 3 and 4 instead. In the words referred to in paragraphs 5 and 3 of paragraphs 3 and 4 such as paragraphs 3 and 4 above, the word 'and' shall be deleted after the word 'Clades'.
7. Where in the provisions of paragraph Article 12 of the Act referred to as members of the Committee on Regional Cooperation and Development (H.P.S.A.), the Regional Police Director and the Regional Director of Security, hereinafter referred to as the relevant Director-General, Director or General Peripheral Director of the Civil Service.
8. Paragraphs 1 and 7 of Article 13 of the Law. 2800/2000 (1 41), as these paragraphs have been replaced-even with par. Article 42 of the EC Treaty The following are substituted for 4249/2014:
' 1. The Executive Board of the Chief of Greek Police is recommended and operates a Council of Staff and Crisis Management, which is composed of:
A. .. Head of the Greek Police, b. Deputy Chief of Greek Police, c. Chief of Staff, d. General Police Inspectors, and e. Head of the Joint Chiefs of Staff, as a
'. '
' 7. The Council shall meet in the presence of at least four (4) members. When convened for crisis management or for serious safety issues, General Urban Managers or General Urban Managers may be invited and involved. '
9. The operations carried out by the administration bodies of the Hellenic Police and its departments within the framework of their official duties, and the transitional period from the beginning of the year. Regulation (EC) No 4249/2014 until the entry into force of the presidential decree issued pursuant to paragraph 1. Article 39 of the same law and regulates the matters relating to the organisation and operation of the services of the Greek Police and of its staff, as well as of the provisions laid down in paragraph 1. 1 of Article 40 of this law shall be reasoned.
10. Positions in the first and second subparagraphs of paragraph 1. 1 of Article 14 of the first paragraph of Article 14 of Council Regulation (EC) No 100/2003 (' 94) and (2) ('254), which were examined or carried out, either on the initiative of the Office or at the request of the interested parties, in a time-limit of one of the above mentioned above. Presidential decrees shall be deemed to have been examined or carried out, respectively, within the deadlines set out in the relevant provisions. The parties concerned which did not apply for a transfer may submit a request within an exclusive period of ten (10) days from the publication of this publication.
11. Until the adoption of the regulatory acts to define the organisation, operation and responsibilities of the Services and the institutions provided for in the provisions of this Article, the Services and the Institutions of the Hellenic Republic Police shall continue to operate in accordance with the provisions laid down.
12. From the date of entry into force of this Decision: Articles 14, 16, 17, 18, 19 par. 1 to 11, 31, 32,
33, 34 and 37 of Law No 4249/2014, (2) (1) (2) (2) (2) (2) (c) Any general or special provision contrary to the provisions of the Treaty;
Provisions of this law.
Article 232 Ministry of Economic Affairs
(a) In Article 2 of the Law See paragraph 4 as follows: 3581/2007:
' 4. When in the contracts referred to in paragraph 1 of Article 1, the Greek Law, without any specific determination, shall be borne by the institution, which shall be borne by the institution which is housed in the seat and, if that remains the case, shall be borne by the institution. Blank when the contract was signed, the body to which the use of the immovable property was transferred prior to this signature and, if it does not exist, the institution which was the owner of the property. If the isle, during the contract, is empty and there is no risk of this complaint by the Greek public, the obligations of the wage-earner continue to be borne by the entity, who had the last use of the property. If more bodies are housed in the same level, the
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Obligations shall be charged in proportion to the use of such operators. The provisions of this paragraph shall also apply to the contracts referred to in Article 1 (1) which have been signed until the entry into force of the preceding subparagraph. '
(b) In Article 63 of the Law (A) At the end of paragraph 4174/2013, the following changes shall be made: 1 is added a new paragraph as e -
" The deadline of the previous subparagraph shall be suspended;
During the period from 1 to 31 August. ' (b) After the first paragraph of paragraph 1. 5 is added new
Subparagraph, as follows: ' The deadline of the previous subparagraph shall be suspended;
During the period from 1 to 31 August. ' (c) The provisions of this Subparagraph 1b.
They shall apply from 31 July 2014. (c) At the end of Article 8 (1).
4223/2013 (A΄ 287), the following subparagraph is added: " Tax amounts of up to five (5) euro are not due
And whether they are voted against claims against the Tax Administration tax or are counted against the calculation of this debt by the winding-up of the same tax. '
(a) Article 15 (1) (a) (b) (c) of Article 15 (11) of the Law Regulation (EEC) No 2469/1997 (1 38) is amended as follows: The following shall be added at the end of the third subparagraph
As follows: ' The assets of the KCDP and A. F. may be invested in securities of the European Financial Stability Facility or of the European Support Facility, in accordance with the following. ' Other: In the present case, the phrase ' to avoid -
Shall be placed on the secondary market 'shall be replaced by' buying securities of the European Union in the secondary market or securities of the European Monetary Stability Fund or European Support Mechanism. ' Other: The last paragraph of the case is replaced by the following:
It exists as follows: ' such transactions include the contracts for the purchase/sale of securities of the Hellenic Republic and of the European Monetary Fund or the European Support Facility with a return/repurchase agreement (repos, reverse repos, buy/sell back, sell/buy back)
(b) In the case of paragraph 11 of Article 15 of the Law. Having regard to Council Regulation (EC) No 2469/1997, the words'in the title of the Court of Justice' shall be replaced by 'in the terms of the titles of this paragraph'.
(3) The provision of Article 15 of the Law 4110/2013, which was repealed under Article 74 (6) of the Law. In the first subparagraph of paragraph 1, the words'the Minister' shall be added to the first subparagraph of paragraph 1, and the words'the General Secretariat' shall be deleted and the words'the General Secretariat' shall be deleted and the words'the General Secretariat' shall be deleted in the first subparagraph of paragraph 2. The words'by a decision' shall be added to the words'the Minister' and the words'of the General Secretariat' shall be deleted; and (b) the words'end of the term of office of the General Secretariat' shall be deleted and the words'end of term of office' shall be replaced.
Article 233 Provisions of the Ministry of Development and Competitiveness -
Section 1
(1) Article 11 of the Law (A ' 118) paragraph 5 is added as follows:
' 5. This Article shall enter into force on 1.11.2014. The decision referred to in paragraph 1 shall be adopted at the latest by 31.10.2014. The Peripheral Peripheral Member States shall adopt the decisions setting up the committees referred to in paragraph 2 within two (2) months following the publication of the decision referred to in paragraph 1. By 31.10.2014, the Tri Committees present during the publication of this publication continue to function."
2) Paragraph 6 of Article 26 of the Law. 4264/2014 (1 118) is replaced by the following:
' 6. Participation in the activities referred to in paragraph 1 and holders of a professional licence in the industry of the industrial goods of the people markets up to twenty percent (20 %) on the total number of licences to be granted each active person shall be allowed to participate in the activities referred to in paragraph 1. Reality. Where the number of applicants exceeds the above percentage, a public draw shall be drawn between the applicants from the regional or public Council as appropriate. ';
(3) Article 136 (3) of the Law The following third subparagraph is added 4072/2012 (A ' 86):
' Until the technical capacity for use of an electronic signature is installed, the statement of deposit may also be submitted by means of an electronic signature within the meaning and in accordance with paragraphs 1 and 3 of the ar - Article 4 (1) and (2) of Article 4 (1) and (2) (A ' 125), in which case the statement of deposit and the imprint of the date shall be deemed to have been lodged with the return to the consignor from the service referred to in Article 134 with electronic proof of receipt. The Commission's proposal for a Directive on the protection of the environment in the European Union Article 135 (2). '
4) In public contracts of the General Secretariat of the Commission, which was due to expire on 30 June 2014, for which it was not possible to transfer the contractual delivery time of the borrower due to the lack of the measure In accordance with the procedure laid down in Article 26 (5) (d) 118/2007 (A '150) but also in Article 26 (5) (d) 394/1996 (A' 266), the contractual delivery time of the deliverables may be transferred, A reasoned decision of the relevant Minister or other means of organisation, issued within two (2) Having regard to the Treaty establishing the European Economic Community, and in particular Article 3 thereof,
(a) In the second subparagraph of subparagraph (d) of Article 2 (2) of the Law. Having regard to Council Regulation (EEC) No 4013/2011 (1 204), before the word 'days', is the word 'work'; (b) in the fourth subparagraph of subparagraph (d) thereof,
(c) Article 2 (2) of Article 2 (2). Having regard to Council Regulation (EEC) No 4013/2011 (A '204), before the word' days', shall be replaced by' working '.
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The provisions of this paragraph shall include draft decisions on which a decision of the Authority has not been adopted at the time of publication of this law.
Article 234 Order of the Ministry of Health
By decision of the Minister for Health, Annex II and Annex II of the Annex to the Annex to the Annex may be amended.
Article 235 Ministry of Culture
1. In the first paragraph of Article 35 of n. 4262/2014 (1 114) the date "31.8.2014" is replaced by "31.12.2014"
2. At the end of article 18 of n. 2121/1993, paragraph 12, as follows:
' 12. Immigration, non-resident in Greece, which are specifically authorised in accordance with Article 29 (2). 4 (a) of the Customs Code, as entered in n, 4132/2013 (A-59) and Ministerial Decision 1126/ 12.6.2013 (B1 1420), is not liable for the payment of a reasonable fee of Article 18 (2) (a). 3 of n. Regulation (EEC) No 2121/1993 (2) on products importing under the system of suspension of payment of the debt owed to the beneficiaries under Article 18 (1) of the Treaty. 3 of n. 2121/1993, it is paid by the first resident in the country of a buyer who acquires the goods in accordance with the scheme referred to in Article 29 (1). 4 (a) of the Customs Code of foreign companies in order to make them available within the territory of the European Union (as a percentage and amount) to the tax item issued by the above companies in the delivery of the above products to The country's foreign policy and collected by collective management organisations, as provided for in this Article. The companies listed in Article 29 (2) 4 (a) HR shall be required to communicate to the beneficiaries of the Collective Management of Collective Management the data of their traditions within the country (with complete data, quantity, value, code of type, date a-gorilla and any other) Another item deemed necessary for the recovery of the remuneration) with quarterly statements, in accordance with paragraph 10 of this Article. By decision of the Minister for Culture and Sports, it is possible to set a detailed description of the application of this document. '
Article 236 Ministry of Tourism
In the third subparagraph of Article 15a (2). 3986/2011 (1 152), added by Article 54 (3) of the Law 4276/2014 (1 155), after the words'tourist catalyses' are added 'in investment projects developed by means of ECHR'.
Article 237 Definitions
1. (a) Keeper-Barber, is the one that provides all types of work to children, men and women, such as couplings, simple or artistic, simple or specific shampoos, nuances, nuances (MECHES), screwdrivers (PERMANENTE), (b) Discussionment of a local wig and wigs, the placement of local wigs and wigs, and other artistic work. B) Discipline Co-operation
Which performs exclusively ancillary tasks in the course of the study provided for in the n. 4186/2013. C) Hand and foot care technician is there;
Which provides services in hand care (MANICURE) and feet (PEDICURE).
2. Courage-Barbershop, is the store where the services specified in the first subparagraph of paragraph 1 of this Article are held, as well as the use of hand care (MANICURE) and feet (PEDICURE), where these are provided by Specialised handyman.
Article 238 Establishment of a legal framework for the protection of legitimate expectations
Administration of a blood vessel
Certifications of a legal basis for the exercise of an EV shall be distinguished in: (a) Kumar-Currea b) Hand and foot care technician.
Article 239 Qualifications and procedure for the exercise
Group of patients
For the exercise of the institution of any part of the preceding Article, the following shall be required:
1. For Costas-Barber a. Graduate of the Technical University of Athens, Greece
In the case of the Court of Justice of the European Union, the Court of Justice of the Court of Justice of the European Court of Justice of the Court of Justice of the European Court of Justice of the European Union and of the Court of Justice of the European Court of Justice of the European Court of Justice. Degree in TEE B ' cycle of speciality
"Contaminating Art" or an equal degree of study of the foreign or foreign language. Diploma of I.E. C. Transferterovath level E -
(i) vocational training for the speciality "Techniques of a care of a person" or an equal degree of study of the foreign or foreign language.
2. For Hand-to-Foot Care Technists (MANICURE-PEDICURE) a) Diploma I.E. K.C., level of Transferrethoracia e -
(b) Within six months of a period of at least six months in the case of professional training, a speciality "Sensory or any other night" or the title of study of the foreign or foreign language.
(c) The procedure for certification of the qualifications of the Centre for the Development of Vocational Training and the European Centre for the Development of Vocational Training.
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The hand and leg cramping of the hand and feet of case b is determined by a Health Department decision.
Article 240 Register
A. .. Local authorities of the Regional Unions are required to maintain a specific Article 2 Registry of the time in which the relevant provisions of the relevant legal conditions for the exercise of an Ecolabel are to be included. The registrant in the Register of this Article,
Have the professional rights of the respective national law as defined in Article 1.
Article 241 Conditions and conditions of establishment and functioning of health services
Interest in the interest of chambers-barbershop, hand-care
In order to establish and operate the statutes of a health service, chambers of commerce, hand-care and foot-care, the procedure for the notification by the competent authority is required in accordance with the Staff Regulations. DIENP/F.2.1/34825/27.12.2013 (B33403) as applicable. The communication on the establishment and operation of the
These aspects are provided in natural or legal persons. In both cases, there is a health-related liability of the condition which will hold a similar certificate of association of legal conditions for the exercise of a blood vessel. For hygienic conditions and conditions,
(i) the functioning of these instruments shall be implemented by the Governing Council and the relevant national provisions of the Ministry of Health. The notification of establishment and operation of the
On the basis of the information provided by the European Parliament, the Council of the European Union, the European Parliament, the European Parliament, the European Parliament, the European Parliament and the European Parliament. Replacement of the establishment and operation of a state of health services shall be in accordance with Article 4 of the Act. PROP. 21/34825 (B. 3403) These records shall be kept in the archives of the
Their staff, their health certificates and the attestation of legal conditions for the exercise of their business, as well as a mine with the suppliers of their products. The files updated and the submission certificate
In addition, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice of the European Communities, the Court of Justice and the Court of Justice of the European Communities. The above situations may be operated as
In the case of other commercial or non-commercial activities, as provided for in the HR, it is necessary to do so. O, /9516/2009 (BL 139)
Article 242 Disciplinary Board-Disciplinary measures
(1) Disciplinary power in the hands and feet of arms and legs shall be exercised by the Permanent Council, which is established in the Regional Government concerned and consists of: a) A First Instance as President. (b) One representative Of Regional Government
(c) A representative of the Ministry of Labour,
(d) A representative of the High Trade Unions (National Insurance and Social Security);
(e) A representative of the Chamber of Commerce of the Member States.
In the case of a trade union representative, or a representative from the labour centre, where there is no trade union body, and where the issues concern the workers, as a Member. Registrar of the Court of Justice of the European Communities
Self-government. The Disciplinary Board shall be constituted by a decision.
The relevant Regional Director and meeting in working hours for public services for hours and days without any payment or compensation of its members for their participation in it.
2. Before the Disciplinary Board, anyone who has a legal interest may appeal.
3. Disciplinary offences are: (a) Any breach of the text. (b) Any damage to professional interests
(c) The application of the required certificate (MANICURE PEDICURE), which has been derived from the use of the medicinal product for the purposes of this medicinal product, must be used in accordance with the procedure provided for in this Regulation.
(d) any kind of damage caused to customers by the institution or office of a Chamber or of a barber shop to workers who have been employed or employed.
During the exercise of the blood vessel. 4. No disciplinary action is required without a call to
Written apology. 5. The penalties that may be imposed by the Payar -
(a) The letter of reprimand (b) the amount of EUR 600 to EUR 3000 received;
(c) Projections from EUR 150 to EUR 1 500 for the purpose of public procurement, in accordance with the provisions relating to public procurement;
(d) Provisional deletion by the Registry of the Court of Justice of the European Communities in accordance with the provisions on public revenue, for the holders of a licence for the exercise of the order of business, which shall carry out an exchange of business. (d) Provisional deletion from the register.
(e) Final deletion from the Emissions Register for workers with dependant or non-work.
For workers with dependant work or work.
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Article 243
The intentional violation of mandatory or prohibited provisions in this regard as well as related health provisions shall be subject to the penalties provided for in Article 458 of the Penal Code.
Article 244
Authorisations and certificates of association of laws relating to the exercise of an envoy and of the register set up in accordance with paragraph 133/2005 shall apply as issued. Applications for authorisation or attestations of a legal basis for the exercise of an Echelon, which have been submitted until the date of publication of the present, continue to be sold on the basis of paragraph 133/2005 for one year even.
Article 245
The publication of this law is hereby repealed in paragraph 133/2005 and any relevant provision contrary to the present arrangements. By Joint Decision of the Ministry of Internal Affairs, Administrative Reform and Electronic Governance, Health and Finance, the terms and conditions are laid down, as well as any relevant details for the issuance of certificates of law. Conditions for the exercise of professional qualifications.
Article 246
Until the publication of the Common Ministerial Decision of Article 9 remains in force. PROTESTS 21 /12078/ 17.6.2011 (BL 1467).
Article 24
1. In the last sentence of paragraph 2 of Article 2 of the Law. 2530/1997, to a measure which is maintained in accordance with Articles 76 et-to 80 of n. On 4009/2011, the words'of the Ministries of Education, Lifelong Learning and Religion and Justice, Transparency and Human Rights, or Special Advisor to the Minister of Foreign Affairs' are deleted.
2. In the case referred to in Article 23 (2). 4009/2011, as applicable, the words' of the Secretary of State, of the State Secretary or of the General Secretariat of the Ministries of Education, Lifelong Learning and Religion and Justice, Transparency and Human Rights or of the Special Council of the Ministry of Justice; The Court of Justice of the European Communities shall be replaced by the words'the Secretary of State, the Secretary-General or the General Secretariat'.
Article 248
Personnel, until the entry into force of the n. 4172/2013, he/she was a member of the School of Fine Arts, entitled to recognise as a pensionable, then redeemed at IKA-ETAM and to the relevant actors in the field of occupational insurance, his time of employment in working experience programmes Of the provisions;
In the case of Article 20 of the EC Treaty NO 2639/1998 For the recognition of the above time as a pension -
And up to a maximum of five years, a request to the competent bodies shall be submitted within an exclusive period of three months from the adoption of the final subparagraph of this paragraph. The amount of the acquisition for each recognised month
Calculated on the basis of the pensionable earnings of the month of June 2013, in accordance with the provisions of the relevant insurers'contributions to the amount of the employees and employers' contributions for the main and supplementary insurance sectors. The amount obtained from the above calculation
The insurance contributions are paid respectively by the worker as an insured person and the relevant O.T.A. as an employer, either as a lump sum or in instalments with the same number of months, the number of which cannot be more than 60. The estimated time is taken into account for the
A pension or an increase in the amount of the pension only after the full redemption of the acquisition, unless an application is made for a contract, in which case the remaining instalments shall be deducted from the pension. In the event of death of the insured person prior to e -
The amount of the sum to be paid shall be paid in accordance with the conditions laid down by the right persons to whom the pension is transferred. By decision of the Minister for Labour, Social
Security and welfare, following an opinion by the Board of Directors of IKA-ETAM and the EFF, which is issued within an exclusive deadline of three months from the publication of this law, the process is regulated, the procedure and all the necessary steps Details of the application of this Regulation.
Article 249 Amendments to Article 60 of the Law 4278/2014
1) In par. Article 60 of the EC Treaty (A) 4278/2014 (A '157), from its entry into force, the phrase' General Government due to the General Government of Attica 'shall be replaced by' General Government bodies'and' until 31.12.2013 'shall be replaced by' until 31 December 2013 '. 31.3.2014 ';
2) In par. Article 60 of the EC Treaty 4278/2014 (A ' 157), from its entry into force, the words "the Law of Attica" shall be deleted and the words "until 31.12.2013" shall be replaced by "until 31.3.2014".
Article 250 Amendment of provisions in Bd. 318/1992
Of n. 4250/2014 and other provisions
1. Article 7 (b) 318/1992, as replaced by Article 20 of Chapter C of the Law. No 4250/2014 and supplemented by the provisions of paragraph 1. Article 7 of the Law 4275/2014, paragraph 10 is added as follows:
' 10. If the institution responsible for the performance of the decision has not exercised its position in the respective position in the year of the assessment, the decision on a decision shall be adopted by the institution.
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Which serve at the time of the adoption of the decision of the superiors, who at the time of evaluation act as evaluators. '
2. At the end of Article 10 of the Law 318/1992, as amended by Article 22 of the Law. Paragraph 6 is added as follows: 4250/2014
' 6. Measures to improve the performance of the evaluator shall consist of: (a) Participating in a specific programme;
(b) Transformation to another entity within the scope of the ECDA/INEP or other certificated body.
(c) Development of certain skills. (d) Improve specific characteristics, which -
In the case of employment, participation, and so on e) Exmovable property within the service. ' 3. Article 18 (d) 318/1992, as replaced by:
Has been adopted in accordance with the provisions of Article 25 of Chapter III of the Law. Paragraph 6 is added as follows: 4250/2014
' 6. In the event that it is not submitted within the period referred to in paragraph 1, the submission of employees, the further procedure, the explanation and evaluation of the employees, shall not be raised. In this case, the data of the evaluators (for instance, only, father, class and class, grade and title), as well as the period of registration, shall be completed on the assessment form by the competent personnel department. '
4. The par. Article 32 of the EC Treaty There is as follows: 4250/2014
' 5.a) The 2013 assessment reports shall not be taken into account in the procedure for the valuation of staff members for their position on availability and mobility in accordance with Articles 90 and 91 of the Law. 4172/2013 (A ' 167) and will not bring about any other legal, non-monetary, service or other character for the evaluators, (b) The system of assessment of employees in paragraph 318/1992, as applicable, is applied. Exclusively for the year of evaluation 2013. Other: If the evaluation of the year at the end of the year,
In the course of the year 2013 with the transitional assessment system, the best assessment of the year 2014 is also valid for 2013. The most important assessment in this case is to be deducted from the official's official record. '
5. The deadlines set out in Article 32 (1) and (2). Decision No 4250/2014, redefined as follows: Until 1 September 2014, the Decision is adopted,
A percentage of the percentages. The self-assessment shall be drawn up within a period of 15 days following the end of which shall be drawn up within 15 days, if necessary, and within a period following the end of the period of completion of the self-assessment or of the self-assessment. If necessary, the evaluation reports shall be drawn up by the evaluators.
6. In the second subparagraph of paragraph 2. Article 8 (4) of the Law 4275/2014 (A ' 149) the words "(Articles 69 and 70 of the HR) shall be deleted".
Article 251 Ministry of Economic Affairs
Article 39 of the VAT Code (v. (EC) No 2859/2000), as it stands, is replaced by the following:
' 1. They are exempt from the obligation to pay taxes and tax payments, which, in the previous management period, have taken up gross income, net of value added tax, up to ten thousand (10,000) euro. Gross revenue means all revenue which is taken into account in the income tax.
2. The provisions of the preceding paragraph shall not apply, (a) to the farmers referred to in Article 41 (b) to the taxable persons who are not members;
(c) the delivery of new transport; (c) the delivery of new transport;
In accordance with the provisions of paragraph 1 (b) of Article 28.
3. The subtext referred to in paragraph 1, the gross revenue of which exceeds the threshold referred to in paragraph 1, shall be binding from the following management period to its normal performance status. Tax;
4. In the event that the first management period refers to a period of less than one year, in order to determine whether the subject may be exempted during the subsequent management period, in accordance with paragraph 1, it shall be made Reduction of its gross revenue, the above period of time, on an annual basis.
5. For the transition from normal to the exempted and vice versa, it shall be submitted at the beginning of the management period in accordance with Article 10 (1). 4 of the FD (n. NO 4174/2013 Where the subject is selected for inclusion in the exempted scheme, the relevant statement may not be withdrawn before a period of two years. The submission of the declaration referred to in subparagraph 1 shall not affect the obligation to transfer to the normal regime.
6. If the subject is compulsorily transferred or transferred from one scheme to another, in the course of a specific management period, the stocks of goods which are present at the end of the management period, Prior to the time of the transfer, the duty rate applicable on the last day of the management period preceding the transfer shall be recorded, in accordance with the provisions laid down and there is an obligation to repay it. A tax which has been issued for the stocks when the subject matter is transferred from the normal A regime in the exempt and right of deduction, respectively, when it is transferred from the exempt status to the normal regime.
7. In each case of transfer, the sub-sector shall be charged with drawing up an inventory of goods for which the settlement time has not elapsed, in accordance with the provisions of Article 33. These goods are valued at the acquisition value, which is increased by the costs of improvement and maintenance, except for the costs of repair and maintenance. In the case of non-member countries, the Commission has decided to take the following measures:
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At the time of the settlement, they have the right to deduct the tax or, where applicable, the obligation to procure and pay the tax, depending on whether they are being transferred from the exempt status of the tax or vice versa.
8. For the inventories of goods, provided for in the provisions of the preceding paragraphs 6 and 7, it shall be submitted to the last working day of the second month following the transfer, including the value of the stocks by a tax rate, and The tax that accrues. This tax shall be paid or deducted in respect of -
Deductions from the VAT return provided for in Article 38 of the tax period during which the transfer was made. For taxable persons subject to the exempt status, the declaration on the refund of the tax shall be submitted within one month after submission of the declaration referred to in the first subparagraph.
9. The cases referred to in paragraph 1 shall, in cases where, in accordance with the provisions of the text, have an obligation to issue tax data, they shall indicate in them the indication 'free of charge-free enterprise exemption' and They are not-and they are not allowed to deduct their input tax.
Article 252 In Article 19 of n. No 4258/2014 (' 94)
Paragraph 4, as follows:
' 4. Where it has been issued before the provisions of the v. The Committee of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament, of the European Parliament and of the Council
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Article 253 Entry into force
1. The validity of Articles 222 to 230 of this law shall apply from 1 January 2015.
2. Entry under the new categories of persons referred to in Article 3 (1)
In the case of a v. Having regard to the Treaty establishing the European Economic Community, as amended by Regulation (EC) No 3213/2003, as amended by Article 224 of this Act, in the Commission's competence of Article 3a, it shall begin on 1 July 2015. The other provisions of this law shall apply from
To be published in the Official Journal of the Government, unless otherwise specified in its provisions.
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Athens, 2014
THE PRESIDENT OF PARLIAMENT
NOBLE-KINGDOM COME. MAIMARACIS
THE SECRETARY-GENERAL OF THE SECRETARY-GENERAL OF THE GENERAL SECRETARIAT OF THE PARLIAMENTARY LABOUR
ATHANASIOS D. PAPAIOANNOU, IMMORTALITY. THEODOROPOULOS