Part II · Articles 7–29
Relevant actors
Title I Public buyers
Chapter 1 Identification of public buyers
Article 7Contracting authoritiesFor the purpose of this Regulation, contracting authorities shall be the central government authorities, sub-central government authorities, bodies governed by public…Article 8Contracting entitiesFor the purpose of this Regulation, contracting entities shall be contracting authorities, public undertakings, and entities that operate on the basis of special or…Article 9Central purchasing bodiesPublic buyers may organise their procurement activities through the creation and use of central purchasing bodies in accordance with the rules set out in this Article.…Article 10Joint procurementTwo or more public buyers, including those from different Member States, may act jointly in the award of certain specific public contracts. The joint procurement…Chapter 2 Activities in the field of utilities
Section 1 Covered Activities
Article 11Common provisionsFor the purposes of Articles 12, 13 and 14, ‘supply’ shall include generation or production, wholesale and retail sale. The production of gas in the form of extraction…Article 12Gas and heatIn relation to gas and heat, this Regulation applies to the following activities: the provision or operation of fixed networks intended to provide a service to the…Article 13ElectricityIn relation to electricity, this Regulation applies to the following activities: the provision or operation of fixed networks intended to provide a service to the public…Article 14WaterIn relation to water, this Regulation applies to the following activities: the provision or operation of fixed networks intended to provide a service to the public in…Article 15Transport ServicesThis Regulation applies to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway,…Article 16Ports and airportsThis Regulation applies to the exploitation of a geographical area for the purpose of providing airports and maritime or inland ports or other terminal facilities to…Article 17Postal servicesThis Regulation applies to activities relating to the provision of the following services: postal services; services other than postal services, on condition that such…Article 18Energy sources extraction and explorationThis Regulation applies to the exploitation of a geographical area for the purpose of: extracting oil or gas; exploring for, or extracting, coal or other solid fuels.Section 2 Exempting Particular Utility Activities
Article 19Activities directly exposed to competitionThis Regulation does not apply to contracts for the pursuit of activities listed in Articles 12 to 18, with regard to a given geographical area if the activity is…Article 20Exemption procedureWhere a Member State or a contracting entity considers that a given activity is directly exposed to competition on markets to which access is not restricted, it may…Title II Economic operators
Chapter 1 General provisions
Article 21Economic operatorsPublic buyers shall not require economic operators to have a specific legal form in order to participate in the procurement procedure. Economic operators that, under the…Article 22Groups of economic operatorsPublic buyers shall not set out selection criteria pursuant to Article 27 for groups of economic operators that differ from those for other economic operators, unless…Article 23Reliance on the capacity of other entitiesWith regard to selection criteria set by the public buyer pursuant to Article 27, economic operators may rely on the capacities of other entities, regardless of the…Article 24SubcontractingParts of the public contract may be subcontracted. A contract awarded to an economic operator shall not be subcontracted in its entirety, nor be further subcontracted in…Chapter 2 Exclusion grounds and selection criteria
Article 25Mandatory exclusionsPublic buyers shall at any time during the procedure exclude an economic operator, including individual members of a group of economic operators, from participation in a…Article 26Optional exclusion groundsPublic buyers may at any time during the procedure exclude an economic operator, including individual members of groups of economic operators, from participation in a…Article 27Selection criteriaWhere public buyers decide to make use of selection criteria, they shall lay down such criteria in accordance with the conditions in this Article. Selection criteria…Chapter 3 Means of proof of eligibility and database access
Article 28Means of proof of the eligibility of economic operatorsPublic buyers shall require economic operators to use the electronic eligibility service established pursuant to Article 133 as the means of proof for the following:…Article 29Connection of databases to the electronic eligibility serviceMember States shall, by 15 June 2029, provide free of charge access for the digital business credential tool pursuant to Article 133 to the national databases in which:…No article contains this text.