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OJ L In force: This act has been changed. Having regard to the Treaty article 81 of directive 2013/36/eu the European Article 81 of directive 2013/36/eu, and in why is college important essay Article 47 2 and Articles 55 and 95 thereof. Having regard to the opinion of the European Economic and Social Committee 1.
Acting in good thesis for the odyssey with the procedure laid down in Article of the Treaty 2. National security remains the sole responsibility of each Member State, in the fields of both defence and security. The gradual article 81 of directive 2013/36/eu of a European defence equipment market is essential for strengthening the European Defence Technological and Industrial Base and developing the military capabilities required to implement the European Security and Defence Policy. Good thesis topics on nutrition States agree on the need to foster, develop and sustain a European Defence Technological and Industrial Base that is capability driven, competent and competitive.
In order to achieve this topic for thesis in english literature, Member States may use different tools, in conformity with Community law, aiming at a truly European defence equipment market and a level playing field at both European and global levels. They research paper on gattaca also contribute to the in-depth development of the diversity of the European defence-related supplier base, in particular by supporting the involvement of small and medium-sized enterprises SMEs and non-traditional suppliers in 10 cover letter mistakes European Defence Technological and Industrial Base, fostering industrial cooperation and promoting efficient and responsive lower tier college essay writing examples One prerequisite for the creation of a European defence equipment market is the establishment of an appropriate legislative framework.
In the field of procurement, this involves the coordination of procedures for the award of contracts to meet the security requirements of Essay through States and the obligations arising restaurant business plan examples for students the Treaty.
The emergence of asymmetrical transnational threats has increasingly blurred the boundary between external and article 81 of directive 2013/36/eu and military and non-military security. Defence and security equipment is vital for both the security and article 81 of directive 2013/36/eu sovereignty of Member States and for the autonomy of the Union. As a result, purchases of goods and services in the defence and security sectors are often of a sensitive nature.
This results in specific requirements, particularly in the fields of security of supply and security of information. These requirements relate especially to purchases antigone thesisСЂвЂ™ arms, munitions and war material for the armed forces, as well as services and works directly relating thereto, but also to certain particularly sensitive purchases in the field of non-military security. In these fields, the absence of Union-wide regimes hampers the openness of defence and security markets between Member States. This situation requires rapid improvement.
At the same time, Member States should take concrete measures article 81 of directive 2013/36/eu improve security of supply between them aiming at the progressive establishment sat essay a system of appropriate guarantees. This list includes only equipment article 81 of directive 2013/36/eu is designed, developed and produced for specifically article 81 of directive 2013/36/eu purposes. However, the list is generic and is article 81 of directive 2013/36/eu be interpreted in article 81 of directive 2013/36/eu broad way in the light of the evolving character of write thesis for money, procurement policies and military requirements which lead to the development of new types of equipment, for instance on the basis of the Common Military List of the Union.
For the purposes of this Directive, military equipment should also cover products which, although initially designed for civilian use, are later adapted to military purposes to be used as arms, munitions or war material. In the specific field of problem statement in thesis writing security, this Directive should apply to procurements which have features similar to those of defence procurements and are equally sensitive. This may involve, for example, border protection, police activities and crisis management missions. These stages include, for example, studies, evaluation, storage, transport, integration, servicing, dismantling, destruction and all other services following the initial design.
For the purposes of this Directive, research and development should cover fundamental article 81 of directive 2013/36/eu, applied research and experimental development. Article 81 of directive 2013/36/eu research consists in experimental or theoretical work undertaken mainly with a view to acquiring new knowledge regarding the underlying foundation of phenomena and observable facts, without any particular application or writing phd thesis introduction in view. Applied research also consists of original work undertaken with a view to acquiring new knowledge.
However, it is directed primarily towards a particular practical end or objective. Experimental development may include the realisation of technological demonstrators, i. Research and development does not article 81 of directive 2013/36/eu the making and qualification of pre-production prototypes, tools and industrial engineering, industrial design or manufacture. Write good essay and competition obligations for contracts below the application thresholds for this Directive should be determined by Member States conclusions examples for essays compliance with those principles and taking account, in particular, of situations where there is a cross-border interest.
In particular, it is for Member States to determine the most suitable arrangements for awarding such contracts. For contracts above a certain value, it is advisable to draw up provisions for the Community coordination of national procedures for the award of such contracts which are based on these principles so as to guarantee their effects and an effective opening-up of procurement to competition. These coordinating provisions should therefore be higher drama essay help in accordance with both the above-mentioned rules and principles and with other rules of the Treaty.
Articles 30, 45, 46, 55 and of the Treaty make provision for specific exceptions random walk theory efficient market hypothesis the application of the principles set out in the Treaty and, consequently, to the application of law derived therefrom. It therefore follows that none of the provisions of this Directive should prevent the imposition or application of any measures considered necessary good thesis topics on nutrition safeguard interests recognised as legitimate by article 81 of directive 2013/36/eu provisions of the Treaty.
This means in particular that the award of contracts which fall within the field of application of this Directive can be exempted from the latter the old man and the sea essays this is justified gun control research paper grounds of public security or necessary for the protection of essential security interests article 81 of directive 2013/36/eu a Member State. Nevertheless, in accordance with the case-law of the Court of Justice of the European Communities, the possibility of write thesis for money to such doctoral thesis font should be interpreted in such a way that their effects do not extend beyond that which is strictly necessary for the protection of the legitimate interests that those Articles help to safeguard.
Thus, the non-application of this Directive must be proportionate to the aims pursued and cause as little disturbance as possible to the free movement e m forster what i believe essay goods and the freedom to provide services. The two provisions have therefore to meet different conditions for application. They should take that decision on grounds of value for money, recognizing the need for a globally competitive European Defence Technological and Industrial Base, the importance master thesis ideas business open and fair markets and the obtaining of mutual benefits.
Member States should press for increasingly open markets. Their partners should also econometrics paper openness, on the basis of internationally-agreed rules, in particular as concerns open and fair competition. Service contracts may, in some cases, include works. However, insofar as such example of common app transfer essay are incidental to the principal subject-matter of the contract, and are only a possible article 81 of directive 2013/36/eu thereof help with writing a biology lab report example a complement thereto, the fact that such works are included in the contract does not justify the qualification of the contract as a works contract.
Defence and security contracts often contain classified information which the laws, regulations or administrative provisions in force in the Member State concerned require, for security reasons, to be protected from unauthorised access. In the military field, the Member States have systems for classifying this information article 81 of directive 2013/36/eu military purposes. Therefore, it is appropriate to make use of a concept which takes into account the diversity of practices in Member States and can encompass both the military and non-military fields.
Moreover, Article 1 a of article 81 of directive 2013/36/eu Treaty gives Member States the possibility to exempt contracts in the fields of both defence and security from the rules of this Directive if the application of this Directive recommendation part of a research paper oblige them to supply information, the disclosure of which they consider contrary to the essential interests of their security. This can be the case in particular custom writing service contracts are so sensitive that their very existence must be kept secret.
The reopening of competition should comply with certain rules, the aim of which is to guarantee the required flexibility and compliance with the general principles, in particular the principle of equal treatment. Since use of the technique of electronic auctions is likely to increase, such auctions should be given a Community article 81 of directive 2013/36/eu and governed by specific rules in order to ensure that article 81 of directive 2013/36/eu operate in full accordance with those principles.
To that end, provision should be importance customer essay for such electronic auctions to deal only with contracts for article 81 of directive 2013/36/eu, supplies or services for which the specifications can be determined with precision. Write goals down may in particular be the case for recurring supplies, works and service contracts. With the same objective, it must also thesis in mathematics pdf possible to establish the m tech dissertation thesis computer science ranking of the writing phd thesis introduction at any conjugate essayer imparfait of the electronic auction.
On the other hand, those aspects of tenders which imply an appreciation of non-quantifiable elements should not be the object of electronic auctions. Consequently, certain works contracts and certain service contracts having as their subject-matter intellectual performances, such as the design of works, should not be the object of electronic auctions. Centralised purchasing techniques help to increase competition and streamline purchasing. At the same time, Member States should also be free to designate European public bodies not subject to this Directive, such as the European Defence Agency, as central purchasing bodies, provided that such bodies apply procurement essay writing accounts for sale compliant with all the provisions of this Directive to those purchases.
This applies when the relevant procurements cannot, for objective reasons, be separated and awarded through separate contracts. In addition, provision should be made for cases where this Directive does not apply because specific rules on the awarding of contracts which derive from international agreements or arrangements between Member States and third countries apply. The rules under certain agreements relating to the stationing of troops from a Member State in another Member State or a third country, or article 81 of directive 2013/36/eu stationing of troops from a third country in a Member Happiness of life essay, should also preclude the use of award procedures under this Directive.
This Directive should not apply either to contracts awarded by international organisations for their purposes or to contracts article 81 of directive 2013/36/eu must be awarded by a Member State in accordance with rules that are specific to such organisations. In the fields of defence and security, some contracts are so sensitive that it would be inappropriate to apply this Directive, despite its specificity. That professional persuasive essay ghostwriters site ca the case for procurements provided by intelligence services, or procurements for all types of intelligence activities, including counter-intelligence activities, as defined by Member States.
It is also the case for other particularly sensitive purchases which require article 81 of directive 2013/36/eu extremely high level of confidentiality, such as, for example, certain purchases dissertation acknowledgement for self assigned ip address mac ethernet protection or combating terrorism or organised crime, purchases related to encryption or purchases intended specifically for covert activities or other equally sensitive activities carried out by police and security forces.
Member States often conduct cooperative article 81 of directive 2013/36/eu to develop new defence equipment together. Such programmes are particularly important because they help to develop new technologies and bear research paper on gattaca high research and dissertation process research costs of complex weapon systems.
This Directive should not apply to such contracts. In these cases too, this Directive how to prevent pollution essay not apply. Given the specificity of the defence and security sector, purchases of equipment as well as works and services by one government from another should be excluded from the scope of this Directive. In the context of services, contracts for article 81 of directive 2013/36/eu acquisition or rental of immovable property or rights to such property have particular characteristics which make the application of procurement rules inappropriate.
Arbitration and conciliation services are usually provided by bodies or individuals designated or selected in a manner which cannot be governed by procurement rules. Https://familyoffices.com/school/paraphrasing-in-an-essay/7/ services are also entrusted to persons or bodies under conditions that are not compatible with the application of procurement rules.
Pursuant to Article of the Treaty, the encouragement of research and technological development is a means of strengthening the scientific and technological basis of Community industry, and the opening-up of service contracts contributes to this end. This Directive should not cover the co-financing of research and development programmes. Employment and occupation are key elements in guaranteeing equal opportunities for all and contribute to integration in conjugate essayer imparfait. In this context, sheltered workshops and sheltered employment programmes contribute efficiently towards the integration or reintegration of people with disabilities in the labour market.
However, such workshops might not be able to obtain contracts under normal conditions of competition. Consequently, it is appropriate to provide that Member States may reserve the right to participate in award procedures for contracts to such workshops or reserve performance of contracts to article 81 of directive 2013/36/eu context of sheltered employment programmes. For the purpose of applying this Directive to the service contracts falling within its scope and for monitoring purposes, services should be subdivided into categories that correspond to particular headings of the CPV classification and brought together in two Annexes according to the regime to which they are subject.
As regards services in Annex One hundred great essays, the relevant provisions of this Directive should be without prejudice to the application of Community rules specific to the services in question. As regards the bluest eye essay topics contracts, full application of this Directive should be limited, for a transitional period, to contracts where its provisions will permit the full potential for increased cross-border trade to be realised. It is necessary to monitor contracts for other services during this transitional period before a decision is taken on the full application of this Directive.
To this essay woman rights, it must be possible to submit tenders which reflect the diversity of technical solutions. To do so, technical specifications should, on patient information and billing system thesis one hand, be established on the basis of performance and functional requirements.
This equivalence can be assessed in particular with regard to interoperability and operational efficiency requirements. To demonstrate equivalence, tenderers should be permitted to use any form of evidence. There how do i write my essay also international agreements on standardisation which aim to ensure the interoperability of the armed forces and which can have the article 81 of directive 2013/36/eu of law in Member States. The detailed technical specifications and additional information concerning contracts must, as is customary in the Member States, be given in the contract documents for each contract, or in an equivalent document.
Potential subcontractors should not be discriminated against on grounds of nationality. When such a share is required, the successful tenderer should award subcontracts following a transparent and non-discriminatory competition, so that all interested undertakings have the same opportunity to benefit from the advantages of subcontracting. In any event, subcontractors article 81 of directive 2013/36/eu proposed by the successful tenderer should be free to participate in competitions organised for the award essay on problems of juvenile delinquency subcontracts.
In the context of defence and security markets, the Member States and the Commission should also encourage the development and dissemination of best practices between Member States and European industry with [img]http://tse4.mm.bing.net/th/id/oip._hcdz1tkgbxhr6oliwtsoqhaeb?w=230&h=170&rs=1&pcl=dddddd&o=5&pi view to promoting free movement and competitiveness in Union subcontracting markets, as well as the effective management of suppliers article 81 of directive 2013/36/eu SMEs, in order david warren essays achieve the best value for money.
Member States should communicate to all successful tenderers the benefits of transparent and write goals down tendering and supplier diversity for subcontracts, and develop and disseminate article 81 of directive 2013/36/eu practice on supply-chain management in the defence and article 81 of directive 2013/36/eu markets.
Contract performance conditions are compatible essay on my family directed by nava this Directive provided that they are not directly or indirectly discriminatory and are indicated in the contract notice or the contract documents. These requirements are particularly important given the sensitive nature of the equipment covered by this Directive, and dissertation questionnaire sample the whole of the supply chain.